IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7509 of 2011 SATISH KUMAR @ SATISH SHARMA Versus THE STATE OF BIHAR ----------- 2/ 28.2.2011 Heard learned counsel for the petitioner and learned counsel for the state. The petitioner is the husband of the complainant of Complaint case no. 803 of 2008, which might be pending either before the S.D.J.M., Jehanabad or any other magistrate of the competent jurisdiction of that judgeship. The complaint petition has been filed alleging that the petitioner demanded Rupees one lac as dowry and, not getting it, ill-treated and tortured the lady and after relieving her of belongings, like, ornaments and clothes, as appears from the allegation made at page 3 of the complaint petition, the lady was turned out of her matrimonial house. As may appear from the complaint petition itself, the petitioner had begotten two children; a daughter and a son, out of the wedlock. The lady alleged that the petitioner was keeping illicit relationship with one Premlata and that was also one of the reasons for filing the present complaint petition. As may appear from the contention made in paragraph 9 of the petition as also submissions made before this court, the petitioner has expressed his desire to mend his relationship with the wife and as such, has prayed before this court to issue notice to the complainant. 2 Considering the prayer made on behalf of the petitioner, the court desires that the petitioner should file a petition before the court before whom the case might be pending, for reconciliation. In case, such a petition is filed before the court concerned, it shall call upon the complainant after drawing up an order to that effect and fix a date requiring the complainant as also the petitioner to appear. The court shall make efforts on reconciliation of the parties by talking to them in court and also by talking to them in its chamber as also by impressing upon each of them that their re-union is necessary in the interest of the two children, who had been born out of the wedlock. If necessary, the court below may hold sittings more than once and make all efforts on reconciliation between the petitioner and his wife. In case the reconciliation succeeds as also in case the court below finds, for the reasons to be recorded in his order, that there was a dampening attempt on the part of the lady on reconciliation or that she was putting unreasonable conditions, then in that case also, the petitioner shall be admitted to bail on execution of a bond to the satisfaction of the court below without being prejudiced by the fact that the petitioner had preferred an application for anticipatory bail either before the Sessions Judge or before this Court. It is made clear that so long as reconciliation proceedings are under way, the petitioner shall not be arrested nor he shall be remanded to custody. 3 This petition is disposed of with the aforementioned observations/direction. Let a copy of this order be sent to the court of S.D.J.M., Jehanabad in case the requisite cost is deposited in the registry by the petitioner. Anil/ ( Dharnidhar Jha, J.)