IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38367 of 2008 MANOJ TIWARI, S/o Bhrigunath Tiwari, R/o Village – Kuwari, P.S. – Amnaur, District – Saran at Chapra. ….. Petitioner. Versus 1. THE STATE OF BIHAR. 2. SUNITA DEVI, D/o Jai Shankar Dubey, resident of village – Deodhi Takth, P.S. – Taraiya, District – Saran. …. Opp. Parties. ----------- 05/ 10.04.2009 Heard learned counsel for the petitioner and O.P. No. 2. Petitioner is apprehending his arrest in connection with a complaint case registered for the offence under Sections 498A and 323 of the Penal Code. He is the husband of the complainant. It is submitted on his behalf that he is ready and willing to continue matrimonial relationship with O.P. No.2 but she is not willing and has filed a Maintenance case. It is submitted on behalf of the petitioner that in spite of un-willingness of O.P. No. 2, petitioner is always willing to continue matrimonial relationship with her and to that effect he shall file written undertaking in the court below within four weeks from today. Once such undertaking on affidavit is filed by the petitioner, then the petitioner, above named 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 Sub-divisional Judicial Magistrate, Saran at Chapra in connection with Complaint Case No. 2170 of 2006 corresponding to Tr. No. 3634 of 2007 and thereafter notice be issued to O.P. No. 2 and once she appears, in presence of the court, petitioner should persuade the complainant to come back to the matrimonial home. In the event dispute is resolved or complainant is back to her matrimonial home or - 2 - she is 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. 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. DKS/ (V.N. Sinha, J.)