IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23962 of 2010 CHHATISH TANTI SON OF LATE NAGO TANTI, RESIDENT OF VILLAGE- BAKHARI, PETROL PUMP BACK SIDE, P.S. BAKHARI, DISTRICT- BEGUSARAI --- PETITIONER. Versus 1. THE STATE OF BIHAR 2. SOLMANI DEVI D/O LATE TANTI, R/O VILLAGE BAHUARA, P.S. BALIA, BEGUSARAI --- OPP. PARTY. ----------- 4/ 26-03-2011 Heard the parties. The petitioner apprehends his arrest in a criminal prosecution, based on a complaint petition, for offences under section 498A of the Indian Penal Code and section 4 of the Dowry Prohibition Act. By an order dated 28.07.2010 notice was issued to opposite party no.2 (complainant) and in response to the notice, the complainant has entered appearance through her lawyer by filing a duly executed vakalatnama. It is admitted case of the parties that both sides are poor and are working as labourers. It is also the common case of the parties that they want to restore their matrimonial relationship. In paragraph-11 of the petition, the petitioner has specifically stated that he is prepared to keep his wife (opposite party no.2) with all dignity and honour. Learned counsel for opposite party no.2 submits that she (opposite party no.2) is also prepared to live with the petitioner as his duly wedded wife. In view of the stand taken by the parties, the 2 petitioner is directed to appear before the learned Chief Judicial Magistrate, Begusarai in connection with Complaint Case No. 2471C of 2008 within a period of four weeks from today. On his appearance, he shall be enlarged on provisional bail for a period of two months on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction learned C.J.M., Begusarai in connection with aforesaid complaint case. During the pendency of provisional bail, the petitioner shall approach opposite party no.2 and shall make all sincere efforts for entering into compromise. Learned counsel appearing on behalf of opposite party no.2 assures this Court that opposite party no.2 shall also cooperate and she shall appear before the learned C.J.M. on being approached by the petitioner. On appearance of the petitioner as also Opposite party No.2 in the court of learned C.J.M., Begusarai, efforts shall be made for settlement of dispute between the parties either for restoration of matrimonial relationship or for one time settlement by making payment of a lump sum amount of alimony and maintenance by the petitioner to opposite party no.2. If such a compromise is arrived at, learned Chief Judicial Magistrate, Begusarai, shall be obliged to confirm the provisional bail granted to the petitioner. However, it is made clear that if the learned 3 Chief Judicial Magistrate comes to a conclusion that sincere endeavour has not been made by the petitioner for entering into compromise with opposite party no.2, then in that case, the petitioner may be taken into custody after expiry of the period of provisional bail. With the aforesaid observations/directions, this application stands disposed of. BTiwary/ ( Birendra Prasad Verma, J.)