IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14221 of 2008 KAILASH YADAV @ KAILASH KUMAR YADAV Versus STATE OF BIHAR & ANR ----------- 3 2.7.2008 Having heard Counsel for the petitioner and also taking into consideration specific plea of the petitioner in paragraph no. 9 that he is ready and desirous to keep his wife, the complainant opposite party no.2, in a dignified manner, this Court would direct for release of the petitioner on provisional bail for a period of three months in connection with Complaint Case No. 536C/2004 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub-divisional Judicial Magistrate, Saharsa. The petitioner after being released on bail will bring back his wife (opposite party no.2) and his minor son to his house and keep them with dignity. Upon completion of a period of two and a half months of being released on provisional bail, the petitioner will appear with his wife, opposite party no.2, before the Court below i.e. in the Court of Sub-divisional Judicial Magistrate, Saharsa who after hearing both the parties, will record his satisfaction and if he finds that the opposite party was not given her due dignity by the petitioner, he would confirm the provisional bail of the petitioner but in the event it is reported to him that the opposite party no.2 was still 2 subjected to some sort of physical or mental torture by the petitioner or his family members, the provisional bail of the petitioner shall be cancelled. However, in the event it is found that it is the adamant attitude of the opposite party no.2 which is responsible for breakup with the petitioner and it is she who is not prepared to live with the petitioner, in that event the Court below, the Sub-divisional Judicial Magistrate, Saharsa will confirm the provisional bail of the petitioner upon imposing a condition of payment of Rs.1,500/- per month by the petitioner to the opposite party no.2 till the continuation and conclusion of the criminal case. With the aforementioned observations/ directions, this application is disposed of. Rsh ( Mihir Kumar Jha, J.)