IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32611 of 2009 UMESH SHAH, SON OF ASHARFI SHAH, RESIDENT OF VILLAGE MANJHGAMA, POLICE STATION BATHNAHA, DISTRICT SITAMARHI. ... ... PETITIONER Versus 1. THE STATE OF BIHAR 2. KIRAN DEVI D/O MAHENDRA SAH, RESIDENT OF VILLAGE FATEHPUR, POLICE STATION SONBARSA, DISTRICT SITAMARHI. ... ... OPPOSITE PARTIES. ----------- 7. 4.11.2009. Heard counsel for the petitioner and the counsel for the opposite party no.2 Sri Uday Kumar, who appeared on her behalf when the order dated 10.4.2009 was passed directing the petitioner and opposite party no.2 Kiran Devi to appear in the court below on 30.4.2009. It is submitted on behalf of the petitioner that on 30.4.2009, he appeared in the court below but opposite party no.2 Kiran Devi did not appear which fact is not being controverted by the counsel for the opposite party no.2. Let petitioner appear in the court below within four weeks from today and thereafter be admitted to the privilege of provisional bail on furnishing bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction - 2 - N.H./ of Sub Divisional Judicial Magistrate, Sitamarhi Sadar in Complaint Case No.C-1/968 of 2007, Tr. No.2653 of 2008 and thereafter the court below should issue notice to opposite party no.2 and after her appearance petitioner should persuade her to come back to the matrimonial home. In the event, opposite party no.2 comes back to the matrimonial home the matter should be adjourned until such time the court below is satisfied that matrimonial peace prevails between the parties, the provisional bail allowed to the petitioner shall be confirmed. In the event, opposite party no.2 refuses to come back to the matrimonial fold the court below should proceed with the matter considering the reasonableness of the stand of the parties. In the event, the opposite party no.2 does not appear even after 2-3 opportunities, the court below shall confirm the bail allowed to the petitioner. With these directions, this application is, accordingly, disposed of. ( V.N. Sinha,J.) - 3 -