IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10156 of 2009 1. Mritunjay Devi, wife of Chunchun Sah 2. Lukhiya Devi, wife of Late Baleshwar Sah, both residents of village Parora, P.S. Chiriya Bariyarpur, District Begusarai Versus STATE OF BIHAR ----------- 02/ 13.08.2009 Heard learned counsel for the petitioners and the State. Petitioners are sister/ mother-in-law of the complainant. They are apprehending their 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, which was lodged after the death of the husband of the complainant, which took place in the year 2005 and the complaint has been filed on 15.12.2007 alleging that she has been tortured all along since the death of her husband. It is submitted on behalf of the petitioners that petitioner no.2, the mother-in-law is always ready and willing to take back the complainant in the family fold and to that effect, she will file affidavit in the court below. Once the aforesaid affidavit is filed, petitioners above named be admitted to the privilege of provisional bail on furnishing bail bonds of Rs. 5,000/- (Rs. Five thousand only) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Khagaria in connection with Complaint Case No. 1121-C of 2007, subject to the conditions as laid down 2 under Section 438(2) Cr.P.C. and thereafter notice be issued to the complainant and once she appears, attempt should be made by the petitioner no.2 to settle the matrimonial dispute between the parties by taking back the complainant in the matrimonial home. In the event matrimonial dispute is resolved or the complainant is back in her matrimonial home or she is found to be unreasonable, provisional bail granted to the petitioners 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 petitioners. Arjun/ ( V.N. Sinha, J.)