IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44330 of 2008 ABDUL MANNAN @ MD.MANNAN KHAN @ MD.ABDUL MANNAN, Son of Sukruddin, resident of Village- Rani Ghat (Azampur), P.S.- Barari, District- Katihar :----- Petitioner. Versus STATE OF BIHAR:------Opposite Party ----------- For the Petitioner :Mr. Md. Musowir, Advocate. For the Opposite Party : Mr. Nitya Nand Tiwari, A.P.P. ===== 2. 27.11.2008. Heard learned counsel for the petitioner and the State. Petitioner husband is an accused in a case under Section 498A and other allied Sections of the Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. It is submitted on his behalf that he is ready and willing to continue the matrimonial relationship with the informant. Let the petitioner file a written undertaking on affidavit to the aforesaid effect in the court below. Once such an affidavit is filed in the court below, petitioner, namely, Abdul Mannan alias Md. Mannan Khan @ Md. Abdul Mannan be released on provisional bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Barari (Semapur) P.S.Case No. 113 of 2007 and thereafter the informant be noticed and once she appears, in presence of the court, petitioner shall make all sincere efforts for resolution of the matrimonial dispute between him and the informant not only by words of mouth but also by his suitable conduct and gesture. In the event dispute is resolved or the informant is back to her matrimonial home or she is - 2 - found to be unreasonable, provisional bail granted to the petitioner be confirmed, failing which court below shall be at liberty to pass appropriate orders in accordance with law considering the reasonableness of the stand of the parties. In the event bail is confirmed on account of unreasonableness of the stand of the informant then the court below shall ensure grant of proper maintenance to the informant so that she can maintain a separate residence for herself. 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. P.K.P. (V.N.Sinha,J.)