IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37291 of 2008 MD.MUSTAKH, Son of Md. Islam, resident of village – Nauwabakhar, P.S. – Ghoghardiha, District – Madhubani. ……. Petitioner. Versus 1. THE STATE OF BIHAR. 2. SAGIRA KHATUN, W/o Md. Mustakh, resident of village – Nauwabakhar, P.S. – Ghoghardiha, District – Madhubani. ……… Opp. Parties. ----------- 04/ 10.04.2009 Heard learned counsel for the petitioner and O.P. No. 2. Petitioner is apprehending his arrest in connection with a case registered for the offence under Section 379 and other allied sections of the Penal Code and Section 3/4 of Dowry Prohibition Act. Having heard counsel for the parties, it is directed that petitioner and O.P. No. 2 should appear in the court below on 28th of April, 2009 and on that date petitioner should file a written undertaking in the court below that notwithstanding the allegations contained in the First Information Report he wishes to continue matrimonial relationship with O.P. No.2. Once such undertaking on affidavit is filed, then petitioner, above named, be admitted to the privilege of provisional bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Jhanjharpur, District – Madhubani in connection with Phulparas (Ghorghardiha) P.S. Case No. 155 of 2008 (G.R. No. 674 of 2008) and thereafter he should take O.P. No. 2 to her matrimonial home and resume matrimonial relationship and the provisional bail allowed to the petitioner be monitored by the court below until such time the court below is satisfied that peace prevails between them. - 2 - 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. DKS/ (V.N. Sinha, J.)