IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41994 of 2008 TEJENDRA SINGH, son of late Bhagwat Singh, resident of village- Chapar, Police Station Mohiuddin Nagar, District Samastipur, presently residing in Dighi Kala West, Police Station Hajipur Sadar, District Vaishali Versus 1. STATE OF BIHAR 2. Rinku Devi, wife of Tejendra Singh, daughter of Prem Chandra Singh, resident of Dighi Kala West, Police Station Hajipur Sadar, District Vaishali ----------- 05/ 13.04.2009 Heard learned counsel for the petitioner and the State. Petitioner is the husband and is apprehending his arrest in connection with a case registered for the offence under Section 498A of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act. It is submitted on behalf of the petitioner that he is always ready and willing to resume the matrimonial relationship with opposite party no.2, but she is not coming to the matrimonial home in spite of decree having been passed to restore the conjugal life. Let the petitioner, Tejendra Singh surrender in the court below within four weeks and file written undertaking to the effect that he is ready and willing to resume the matrimonial relationship with opposite party no.2. No sooner the aforesaid undertaking is filed in the court below, he be released on provisional bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand only) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial 2 Magistrate, Vaishali at Hajipur in connection with Complaint Case No. 454 of 2007 (T.R. No. 2532 of 2008), subject to the conditions, as laid down under Section 438(2) Cr.P.C. and thereafter opposite party no.2 should be noticed and once she appears, the petitioner in presence of the Court should persuade her to come back to the matrimonial home not only by words of mouth, but also with suitable gesture and conduct which should generate confidence in her. In the event opposite party no.2 comes back to the matrimonial home or the matrimonial dispute is resolved or she is found to be unreasonable, provisional bail allowed to the petitioner should be confirmed, failing which the court below shall 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. Arjun/ ( V.N. Sinha, J.)