IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12121 of 2011 Ajay Kumar @ AJAY PRASAD YADAV Versus The State Of Bihar ----------- 03/ 06.07.2011 Supplementary affidavit is filed on behalf of the petitioner. Similarly, rejoinder is filed on behalf of the informant. Heard learned counsel for the petitioner as well as learned Addl. P.P. for the State assisted by learned counsel for the informant. Petitioner is husband of the informant and according to the prosecution case, the marriage of the petitioner was solemnized in May, 2010 but in very short span of time, in July, 2010, the present case was instituted. Although at para 5 of the original application, the petitioner has denied the factum of marriage but subsequently, by filing supplementary affidavit, petitioner has pleaded that he wants to keep the informant with full honour and dignity. Learned counsel for the petitioner submits that the petitioner is languishing in jail custody since 15.1.2011 in a case registered under section 498A of the IPC and 3/ 4 of the D.P. Act and petitioner wants to keep the informant with full honour and dignity. Learned counsel for the informant did not raise any objection in the above stated proposal but submitted that the petitioner may be released on provisional bail so that his conduct could be watched for some period. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Ajay Kumar @ Ajay Prasad Yadav, be released on provisional bail for a period of three 2 months from the date of receipt of this order to the court of the Chief Judicial Magistrate, Patna in connection with Gardanibagh P.S. Case no. 128 of 2010 on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna. It is made clear that in between the aforesaid period, if any complain is made on behalf of the informant, the Chief Judicial Magistrate, Patna shall be at liberty to cancel the provisional bail of the petitioner but after making proper enquiry, if the Chief Judicial Magistrate, Patna comes to the conclusion in the aforesaid enquiry that conjugal life of the petitioner and the informant is not possible on account of behaviour and conduct of the informant, in that event, the Chief Judicial Magistrate, Patna shall confirm the provisional bail of the petitioner. It goes without saying that if no complain is made by either of the party in between the aforesaid period, the learned Chief Judicial Magistrate, Patna shall confirm the provisional bail of the petitioner. shahid (Hemant Kumar Srivastava,J)