IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.13047 of 2008 SONU CHAURSAIYA @ SONU PRASAD Versus STATE OF BIHAR ----------- 5 4.7.2008 Heard Counsel for the petitioner and A.P.P. representing the State. Reference may be made to the earlier order directing personal appearance of the opposite party no.2 as also the petitioner from the judicial custody. Today, both of them have appeared in person. This Court on being assured by the petitioner that he will now keep his wife with all dignity and after ascertaining the view of the opposite party no.2 (wife) that she is voluntarily ready to live with the petitioner (husband), would take lenient view of the matter and would direct that the petitioner to be released on provisional bail in connection with Khudaganj Police Station Case No. 43/2007 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Hilsa (Nalanda). Such provisional bail will be initially for a period of three months from today. Upon being released on bail, the petitioner will go to the house of the opposite party no.2 and will take her to his house and will live together. The petitioner along with his wife (opposite party no.2) will appear before the Additional Chief Judicial Magistrate, Hilsa one week 2 before expiry of the period of provisional bail who after ascertaining the view of both the parties that there is no further grievance of the opposite party no.2 as against the petitioner and/or his family members, would confirm the provisional bail. If however, it is found by the A.C.J.M. Hilsa that the petitioner or his family members were again responsible in causing disruption in the matrimonial life of the opposite party no.2 by causing physical or mental torture, such provisional bail of the petitioner shall be cancelled and he would be taken into custody. It is however, made clear that the opposite party no.2 will also extend full cooperation to the petitioner in living together and in the event it is found by A.C.J.M. Hilsa that the wife, opposite party No.2 is herself creating obstacles in living together with the petitioner on some feigned grounds, he would confirm the provisional bail of the petitioner. With the aforementioned observations/ directions, this application is disposed of. Rsh (Mihir Kumar Jha, J.)