IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33826 of 2011 Shrikant Singh @ Tigan son of late Bindeshwari Singh, resident of Village, Chaturpur, P.S.-Molepur, District-Chapra. .....Petitioner Versus 1. The State Of Bihar. 2. Smt. Kusum Devi wife of Shrikant Singh @ Tigan and daughter of Sri Siya Ram Singh, at present residing at Village- Vindal, P.S.-Wazirganj, District-Gaya. ........Opposite Parties ----------- 02 30.09.2011 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is accused in connection with Complaint Case No. 2059 of 2009 in which cognizance has been taken under sections 323 and 498A of the Indian Penal Code. The allegation against the petitioner, who is husband of the complainant, is that he had illicit relationship with his elder sister-in-law and on the objection by the complainant he used to physically assault her along with other family members. It is also stated that in the end when the complainant was turned out of the matrimonial house, the elder sister-in-law of the husband kept behind the ornaments belonging to the complainant. Learned counsel for the petitioner submits that he is ready to keep the complainant with dignity and shall ensure her security also. He further submits that the allegation of illicit relation with the elder sister-in-law is totally false and it may be the result of misunderstanding. However, he assures that in future 2 there would be no occasion for such complainant. In view of the categorical statement on behalf of petitioner as well as the fact that as per the complaint petition itself, it is evident that the complainant does not want to break the relationship and is rather willing to continue with the marriage, this Court feels inclined to create a conducive atmosphere so that any reconciliation, if possible, can take place. Let the petitioner appear before the Court concerned on 08.11.2011 when the Court shall fix a date for the appearance of the complainant and after recording their statements shall take a detailed bond/undertaking from the petitioner with regard to the safety and well being of the petitioner and shall keep monitoring the case at least once in two months when both of them shall be required to be physically present before the Court concerned which shall record their statements. The petitioner shall not be arrested till 08.11.2011 in connection with Complaint Case No. 2059 of 2009, pending in the Court of Sub Divisional Judicial Magistrate, Gaya, on which date the Court below shall grant provisional bail to him till the next date fixed for appearance of the complainant. The said provisional bail shall be confirmed when both the complainant and the petitioner go together to the house of the petitioner. It would be open to the complainant to file any petition before the Court below with regard to any complain against the petitioner or his family 3 members or any breach of terms of the said undertaking. The Court thereupon shall take proper notice of the same and if deemed proper shall also cancel the bail bond and take the petitioner into custody. With the aforesaid directions, this application stands disposed off. Safik (Ahsanuddin Amanullah, J.)