IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40694 of 2009 MD.SHAMSHER Versus STATE OF BIHAR & ANR ----------- 2. 8.1.2010 Heard. The petitioner is an accused in a case under Section 498(A) of the Penal Code who faces the allegations of ill-treating, torturing and ultimately expelling the wife, i.e, the complainant, from her matrimonial house for not getting the desired dowry in the form of a Television and Rs. 25,000/- in cash. It is most unfortunate that the husband was present before the court and the lady had also appeared before the learned Sessions Judge and that the lady was ready to live with the petitioner but in spite of that the prayer for anticipatory bail was dismissed. This could illustratively show as to how imaginary the Judge could be when he refuses the prayer for bail under such a situation without making any effort on reconciling the parties completely. The Judge was forgetting that his order could create very strong knots in the relationship which could make the situation worse. I, as such, directs the learned Sessions Judge, Nalanda, to restore anticipatory bail petition No.440 of 2009 to 2 its original number and file and to rehear the petition by getting before him both the petitioner and his wife and make serious attempts on reconciliation. Pending disposal of the petition, the petitioner shall not be remanded. In case the petitioner refuses to take back the lady or places unreasonable and unacceptable conditions for taking the lady back or appears taking pleas which could not be acceptable to a reasonable man, the prayer for bail shall be refused. Likewise, if the lady refuses to go with the petitioner or she places conditions which could not be acceptable to any reasonable person, then in that case also the petitioner shall be admitted to bail. This petition is disposed of with the above observations. Let this order be communicated to the Sub-divisional Judicial Magistrate, Nalanda at Biharsharif, in Complaint Case No. 507 of 2008 through fax at the cost of the petitioner. Kanth ( Dharnidhar Jha,, J.)