IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16609 of 2010 ASHOK PANDIT @ PHUTU, SON OF LATE RAMASHRAY PANDIT, RESIDENT OF KHUSRUPUR, NEEMTAL, P.S. KHUSRUPUR, DIST PATNA. Versus THE STATE OF BIHAR ----------- 02. 09.06.2010 Heard learned counsel for the petitioner, the State and the counsel for the informant. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections-498A of the Penal Code and Section-4 of the Dowry Prohibition Act. It is submitted on behalf of the petitioner that notwithstanding the allegation set out in the First Information Report he is ready and willing to continue the matrimonial relationship with the complainant, Kanchan Devi and to that effect he shall file written undertaking on affidavit in the court below within four weeks from the date of receipt of this order in the court below. In the affidavit petitioner should also state that he is not married to Puja Kumari who is the wife of Santu Kumar and Puja Kumari is residing with Santu Kumar and she has no connection with the petitioner. Petitioner should also make Puja Kumari and Santu Kumar appear in the court below and they shall file separate affidavit that Puja Kumari and Santu Kumar are happily married and are residing separately from the petitioner. No sooner the aforesaid affidavit(s) is filed petitioner above named be admitted to the privilege of provisional bail on furnishing bail bond of Rs.5,000/-(Five thousand) with two 2 sureties of the like amount each to the satisfaction of A.C.J.M., Patnacity in connection with Complaint Case No.968 of 2005, subject to the conditions as laid down under Section-438(2) Cr.P.C., thereafter notice be issued to the complainant and in appreciation of the statement made by the petitioner that he is not married to Puja kumari and is not residing with her shall resume the matrimonial ties with the petitioner at New Delhi where petitioner is engaged in private job. The court below should monitor the matrimonial affairs of the petitioner until such time the court below is satisfied that matrimonial peace prevails between the petitioner and the complainant. In the event, matrimonial dispute between the petitioner and the complainant is resolved or she is back in the matrimonial fold or she is found to unreasonable, provisional bail allowed to the petitioner be confirmed, failing which the court below should 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. Rajesh/ (V.N.Sinha, J.)