IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39252 of 2008 SOBHNATH MAHTO, Son of Ganesh Mahto, Resident of Village- Nagra Dusadhtoli, P.S.- Nagra (Khaira) Distt- Saran :---- Petitioner. Versus 1. STATE OF BIHAR, 2. Sabita Devi, D/o- Dahari Mahto, R/o- Mohalla- Mauna Dhanuk Toli, P.S.- Chapra Town, Dist.- Saran :----Opposite Parties. ----------- 4. 10.04.2009. Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offences under Sections 498A, 323 and 379 of the Penal Code. It is submitted on his behalf that he is ready and willing to continue the matrimonial relationship with the complainant-Opposite Party No.2 but she is not willing to resume such relationship. Let the petitioner Sobhnath Mahto surrender in the court below and file a written undertaking on affidavit to the aforesaid effect on 22nd April, 2009 on which date Opposite Party No.2 should also remain present in court. Petitioner be admitted to the privilege of provisional bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Saran at Chapra in connection with Trial No. 3813 of 2007, arising out of Complaint No. 2852 of 2007 and he should be allowed to take Opposite Party No.2 to her matrimonial home. In the event she does not want to resume the matrimonial relationship with the petitioner or found unreasonable then the provisional bail allowed to the - 2 - petitioner be confirmed after fixing a maintenance amount to be paid to Opposite Party no.2 considering the living standard of the parties. 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.)