IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43407 of 2008 SANTOSH KUMAR @ SANTOSH KUMAR GUPTA, Son of Surendra Sao, resident of Mohalla- Ram Krishna Nagar, North L.P. Shahi College, Police Station- Gaurichak, District- Patna :------ Petitioner. Versus THE STATE OF BIHAR:----- Opposite Party ----------- 2. 21.11.2008. Heard learned counsel for the petitioner and the State. Petitioner husband is an accused in a case under Sections 498A and 323 of the Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. He was earlier allowed provisional bail by a Bench of this Court under orders dated 08.11.2006, passed in Cr. Misc. No. 44604 of 2006, Annexure-1 with direction to bring back his wife to the matrimonial fold. It is submitted on his behalf that when he made attempts to bring back his wife to the matrimonial fold, he was assaulted, for which he filed Complaint Case No. 3505 C of 2006, Annexure-3. Without going into the contentions raised in the Complaint Case, Annexure-3 it is submitted on behalf of the petitioner that he is still ready and willing to continue the matrimonial relationship with the complainant and for such purpose he shall file a written undertaking on affidavit in the court below. Once such an affidavit is filed, petitioner, namely, Santosh Kumar @ Santosh Kumar Gupta 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 Sub-Divisional Judicial Magistrate, Patna in connection with Complaint Case No. 2977 C of 2005 , whereafter the - 2 - complainant should be noticed to appear in the court and in presence of the court, all possible efforts to resolve the matrimonial dispute between the parties be made. In the event complainant is back in the matrimonial house or the matrimonial dispute is resolved or she is found to be unreasonable, provisional bail allowed to the petitioner be confirmed, failing which the court below shall be at liberty to pass appropriate orders in accordance with law considering the reasonableness of the stand of the parties. 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. P.K.P. (V.N.Sinha,J.)