IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8307 of 2009 MANOJ PODDAR, Son of Late Maheshwar Poddar , resident of Village and P.O.- Megh Ratwara, P.S. Piar, District- Muzaffarpur............................................................Petitioner. Versus The State of Bihar..........................................Opposite Party. ----------- 3. 6.8.2009. Petitioner is husband of the daughter of the complainant and is apprehending his arrest in connection with a case registered for the offence under sections 498A of the Penal Code and Section 3 and 4 of D.P. Act. It is submitted on his behalf that the complaint is based on absolutely baseless apprehension and the petitioner having married the daughter of the complainant 13 years ago and still she is residing at her matrimonial home and the petitioner shall file written undertaking in the court below that he has no intention to get married to any another lady until he obtains a divorce on the ground of infertility of the daughter of the complainant. Let the petitioner aforesaid file affidavit in the light of the statement made at the Bar of this court within four weeks from today thereafter he (Manoj Poddar) be admitted to the privilege of provisional bail on furnishing bail bonds of Rs. 5,000/-(Five Thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate(East), Muzaffarpur in connection with Complaint Case No. 378 of 2008, subject to the conditions as laid down under Section 438(2) of Cr. P. C. and thereafter notice be issued to the complainant and her daughter and once they appear in the court below , the petitioner should persuade - 2 - them to resolve the matrimonial dispute. In the event the matrimonial dispute is resolved or the complainant and her daughter are found to be unreasonable, the provisional bail allowed to the petitioner be confirmed, failing which the court below shall be at liberty to pass an appropriate order 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. U.K. (V.N.Sinha,J)