IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10705 of 2009 MANTU KUMAR @ MANTUN SINGH @ MANTU KUMAR SINGH, SON OF SRI JAIRAM SINGH, R/V HARAIL, P.S. MOHIUDDIN NAGAR, DISTRICT SAMASTIPUR------PETITIONER. Versus THE STATE OF BIHAR-------OPP. PARTY. ----------- 05. 02.07.2009. Heard learned counsel for the petitioner and the State. Petitioner husband is apprehending his arrest in connection with a case registered for the offence under Sections 498A, 323, 379, 406/34 of the Penal Code and Sections ¾ of the Dowry Prohibition Act. It is submitted on behalf of the petitioner that after the rejection of plea for grant of bail in the event of arrest by the learned Sessions Judge, Vaishali at Hajipur petitioner had volunteered to take the complainant to the matrimonial home, she also agreed and both went to some distance but the complainant changing her mind went away. Let the petitioner appear in the court below within four weeks from today and file written undertaking on affidavit that he is ready and willing to continue the matrimonial ties with the complainant. Once such undertaking on affidavit is filed petitioner Mantu Kumar @ Mantun Singh @ Mantu Kumar Singh be released on provisional bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Vaishali at Hajipur in connection with Complaint Case No. 179 of 2008 thereafter notice be issued to the complainant and once she appears petitioner in presence of the court should persuade - 2 - her to come back to the matrimonial fold. In the event, matrimonial dispute is resolved or she comes back in the matrimonial home or she is found to be unreasonable, provisional bail granted to the petitioner be confirmed, failing which the court below shall pass appropriate orders in accordance with law considering the reasonableness of the stand of the parties. In the event, complainant does not wish to go with the petitioner at her matrimonial home, the adverse inference be drawn against her. This application is, accordingly, disposed of. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. Rajesh/ (V.N.Siuha, J.)