IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46647 of 2008 RAJA JHA, son of Sitaram Jha, Resident of village Nayaka tola, Chhagarahan, P.S. Sugauli, district East Champaran Versus 1. STATE OF BIHAR 2. Reebha Devi, wife of Raja Jha, daughter of Raj Kumar Jha, resident of village Nayaka tola, Chhagarahan, P.S. Sugauli, district East Champaran ----------- 03/ 27.04.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 498A and 323 of the Indian Penal Code. He is the husband of opposite party no.2, the complainant. It is submitted on behalf of the petitioner that he is ready and willing to resume the matrimonial relationship with his wife, the complainant, who, it is submitted, is not inclined to resume the matrimonial relationship with the petitioner and is being paid maintenance amount of Rs. 2,200/ per month. Let the petitioner file affidavit indicating the aforesaid fact within four weeks from today and no sooner the aforesaid affidavit is filed in the court below, petitioner, Raja Jha 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 Chief Judicial Magistrate, East Champaran, Motihari in connection 2 with Complaint Case No. 1169 of 2008 ( Tr. No. 3961 of 2008) and thereafter the 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 be at liberty to 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.)