IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9860 of 2009 1. MD.NAUSHAD ALAM @ NAUSHAD ALAM, SON OF MASLEUDDIN 2. MD. MASLEUDDIN @ MASLAHUDDIN, SON OF MOHID MUKHIYA 3. MD. AURANGZEB @ AURANGZEB, SON OF MOHID MUKHIYA 4. BIBI SAKEENA KHATOON @ SAKEENA KHATOON, WIFE OF MASLEUDDIN 5. MD. ARSAD @ ASAD @ MD. ASAD, SON OF MD. MASLEUDDIN 6. SAMO @SAMIYA @ SAMINA KHATOON, WIFE OF MD. ARSAD @ ASAD. 7. MD. ANJAR @ MD. ANJAR ALAM, SON OF MASLEUDDIN 8. SITARA KHATOON, DAUGHTER OF MASLEUDDIN ALL RESIDENTS OF VILLAGE RAMPUR,P.S. GOGRI, DISTRICT KHAGARIA 9. MD. ASFAK @ MD. AFFAQUE ALAM, SON OF MD. TAMIZUDDIN, R/V UJANI, P.S. NAUGACHHIA, DISTRICT BHAGALPUR. 10. MD. FOCHO @ FOCHO, SON OF MD. MAKBUL. 11. BIBI SAMO @ SAMO, WIFE OF FOCHO 12. MD. MANNAN @ MANNAN, SON OF MD. JASMIN 13. BIBI SAKILA @ SAKILA, WIFE OF MD. MANNAN PETITIONERS 10 TO 13 ARE RESIDENTS OF VILLAGE MARAR, P.S. MORKAHI, DISTRICT KHAGARIA. 14. KHUSBUDA KHATOON, D/O SHOAIB, R/V SAIDPUR, P.S. MANSI(CHAUTHAM), DISTRICT KHAGARIA--------PETITIONERS. Versus THE STATE OF BIHAR--------OPP. PARTY. ----------- 02. 10.06.2009 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a complaint case registered for the offence under Section 498A of the Penal Code and Sections ¾ of the Dowry Prohibition Act. The husband and other near relatives of the complainant i.e. petitioner nos. 1 to 9 are ready and willing to continue the matrimonial relationship with the complainant and for that purpose they shall file a written undertaking on affidavit in the court below within four weeks from today. Once such undertaking on affidavit is filed petitioner nos. 1 to 9 be admitted to the privilege of provisional bail on furnishing bail bonds of Rs. 5000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Khagaria in connection with Complaint Case No. 433C of 2008 and thereafter notice be issued to the complainant and once she appears in presence of the court - 2 - husband of the complainant should persuade her to come back to the matrimonial home not only by words of mouth but also by his suitable conduct and gesture. In the event matrimonial dispute is resolved or the complainant comes back in the matrimonial fold or she is found to be unreasonable, provisional bail granted to petitioner nos. 1 to 9 be confirmed, failing which the court below shall pass appropriate orders in accordance with law considering the reasonableness of the stand of the parties. So far petitioner nos. 10 to 14 are concerned they are directed to surrender in the court below within four weeks from today and thereafter be admitted to the privilege of bail on furnishing bail bonds of Rs. 5000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Khagaria in connection with Complaint Case No. 433C of 2008. This application is, accordingly, disposed of. Let this order be communicated to the court below through fax on payment of usual charges by the petitioners. Rajesh/ (V.N.Sinha,J.)