IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44153 of 2008 KRISHNA KUMAR GUPTA, SON OF LATE KARI PRASAD GUPTA, R/V BALUWA, P.S. SIMRIBAKHTIYARPUR, DISTRICT SAHARSA----------PETITIONER. Versus 1. THE STATE OF BIHAR 2 ASHA DEVI, D/O JAI GOVIND PRASAD GUPTA, R/V KURSHAKANTA, P.S. KURSHAKANTA, DISTRICT ARARIA----------------OPPOSITE PARTIES. ----------- 03. 18.04.2009. Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a complaint case registered for the offence under Section 498A of the Penal Code. He is the husband of the complainant Asha Devi, who was issued notice of these proceedings but in spite of service of notice, has not chosen to appear before the court. It is submitted on behalf of the petitioner that the complainant is living with Md. Raju as his wife and in the circumstances, it is not possible for him to resume matrimonial relationship with her. Let petitioner file undertaking on affidavit in the court below to that effect within four weeks from today and thereafter he, namely, Krishna Kumar Gupta be admitted to the privilege of provisional bail on furnishing bail bond of Rs. 5,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria in connection with Complaint Case No. 1979-C of 2007 and notice be issued to the complainant at her address indicated in the complaint petition and served on her through her counsel appearing in the complaint case and thereafter the court below should itself satisfy about the allegation of the petitioner that the complainant is residing - 2 - with Md. Raju as his wife and if the court below is satisfied that the allegation is incorrect then in such case petitioner should accept the complainant as his wife and thereafter the provisional bail be monitored until such time the peace prevails in the family. In the event the court below is satisfied that the assertion of the petitioner that the complainant is residing with Md. Raju as his wife is correct then provisional bail allowed to him be confirmed. 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. Rajesh/ (V.N.Sinha, J.)