IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37217 of 2010 SANJAY DUBEY Versus STATE OF BIHAR ----------- 02 26.11.2010 Heard learned counsel for the petitioner as well as learned p.p. for the State assisted by learned counsel for the complainant. Admittedly, petitioner is husband of the complainant and his marriage was solemnized in the year 2002 with complainant. Allegedly, after solemnization of marriage petitioner started torturing the complainant on account of non-fulfilment of illegal demand. The contention of learned counsel for the petitioner is that the complainant is a cruel lady and she does not want to lead her conjugal life with petitioner and being fed up with the behaviour of the complainant, petitioner filed a divorce case bearing Divorce Case No. 93 of 2010 before Principal Judge, Family Court, West Champaran on 30-03-2010 and after filing of the aforesaid divorce case, the complainant brought the above stated complaint case against the petitioner. Learned counsel for the petitioner further submits that in spite of above stated facts, the petitioner is still ready to keep the complainant with full honour and dignity. Learned counsel for the complainant too submits that the complainant also wants to lead her conjugal life with petitioner. 2 In the aforesaid circumstance, petitioner, namely, Sanjay Dubey, in the event of his arrest/surrender within thirty days from the date of communication of this order to the concerned court in connection with Complaint Case No. C 258 of 2010 pending in the court of S.D.J.M, Bagha, West Champaran, shall be released on bail provisionally for the period of three months on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of S.D.J.M, Bagha, West Champaran subject to condition as laid down under Section 438(2) of the Cr.P.C. Furthermore, learned S.D.J.M, Bagha shall explore possibility of reconciliation between petitioner and complainant by issuing a notice to them and fixing a date for reconciliation. Furthermore, it is made clear that the aforesaid attempt of reconciliation must be completed within three months and if learned S.D.J.M, Bagha, West Chamaparan is succeeded in his attempt, the provisional bail granted to the petitioner by this court shall be confirmed by him but in case of failure, the provisional bail granted to the petitioner shall not be extended by him. Let this order be communicated to S.D.J.M, Bagha, West Champaran through fax at the cost of the petitioner. Shahzad ( Hemant Kumar Srivastava, J.)