IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30239 of 2008 CHANDRA SHEKHAR PRASAD Versus STATE OF BIHAR ----------- 2. 11.8.2008 Heard. It is generally the practice of this Bench that in a case in which the husband has remained in custody for some period, he is directed to be released on bail but in the light of the facts of a particular case. The marriage was solemnized in May, 2002 and the petitioner, who is the husband of the lady, is said to be a student likely to appear at his graduate level examination. This probably gives an indication that the petitioner might have been at a very tender age, may be he has not attained the age to get married and is in custody for being alleged of ill-treating and torturing the lady for not getting colour T.V. and motor-cycle. Both the sides have their own versions. The petitioner says that the lady herself is not ready to live with the petitioner whereas learned counsel for the lady submits that the lady had been to the house of the petitioner thrice and on all occasions she was pushed out of the matrimonial relationship. Learned counsel for the complainant was insisting upon me to list this petition in my chambers and make reconciliatory efforts, but the difficulty is that the petitioner could not be got produced before me as he is lodged in Motihari jail. It is better I direct release of the petitioner and I direct the court below , i.e. , S.D.J.M., Sikarhana at Motihari to get the two parties before him and make efforts for - 2 - reconciliation. The learned S.D.J.M., could be pointed out that it is not an easy job to get warring couples reconciled together to their marriage status but sometimes one could see wonders happening in such cases if one really applies oneself to the situation by identifying the knots in the relationship by attempting to untie them. This could be done by individually talking to the couple in one’s chambers and then proposing certain solutions or ways of reinventing the art of living together. I believe that the court below devotes sufficient time and makes effort. In case, the court finds that the lady is adamant or putting some conditions which could not be acceptable to a reasonable man, then it must confirm the order of bail. In case, the petitioner is found wanting in his approach or behaviour or is putting certain conditions which could not be acceptable to the lady complainant then in that case petitioner’s bond shall be cancelled. At any rate, the court has to indicate as to what efforts were made by it in its order. Let petitioner named above be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sikarhana at Motihari in connection with Complaint Case no.C 198 of 2007. The bond shall be accepted provisionally and the matter shall be dealt as indicated above. sudip ( Dharnidhar Jha, J )