IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40787 of 2010 TABREZ ALAM Versus STATE OF BIHAR ----------- 02/- 22-12-2010 Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State. Petitioner is husband of the informant. It would appear from perusal of written report that illegal demand was made after three years of the marriage and subsequently the informant was ousted from her matrimonial home. The contention of learned counsel for petitioner is that the petitioner still wants to keep the informant and for which he has filed suit for restitution of conjugal right in the Court of Principal Judge, Family Court, Motihari at East Champaran, but it is informant who does not want to lead her conjugal life with petitioner. Considering the aforesaid facts and circumstances, petitioner, namely, Tabrez Alam, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxual at Motihari in connection with Ramgarhwa P.S. Case No. 68 of 2010. It is made clear that after release of the petitioner from judicial custody, the learned Sub-Divisional Judicial Magistrate shall issue a notice to the informant as well as petitioner, fixing a - 2 - date for reconciliation and shall take all possible steps to patch up the dispute of the parties. It goes without saying that if learned Sub-Divisional Judicial Magistrate succeeds in his attempt, he shall confirm the bail of the petitioner, but if he fails in his attempt on account of fault of the petitioner then in that event the bail of the petitioner shall not be confirmed by him. Furthermore, it is made clear that if the attempt of reconciliation fails on account of rigid approach of the informant in that event also the bail of the petitioner shall be confirmed by the learned court below itself. Praveen/- ( Hemant Kumar Srivastava, J. )