IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6337 of 2009 HARDA DEVI @ SARDA DEVI, W/O- SIKANAR MISTRY, RESIDENT OF VILLAGE- PACHGACHIYA, P.S.- GOPALPUR, DIST.- BHAGALPUR. Versus 1. STATE OF BIHAR & ORS 2. RUKIYA DEVI W/O- RAKESH MISTRY, D/O- DEEP NARAIN MISTRI, VILLAGE- MURADPUR, P.O.- SAMELI, P.S.- KURSELA, DIST.- KATIHAR. ----------- 2. 21.7.2009. Petitioner – mother-in-law is apprehending her arrest in connection with a case registered for the offence under section 498 A of I.P.C. and section 4 of Dowry Prohibition Act. It is submitted on her behalf that after the lodging of the present case, husband of the complainant has left of his heavenly abode. Petitioner is, however, still willing to carry on her relationship with the complainant and for such purpose, she has filed an application for restitution of conjugal right, but the complainant is not willing to resume the matrimonial ties as would appear from the proceedings taken before the Principal Judge, Family Court. Let the petitioner file written undertaking on affidavit to the effect that she is ready and willing to continue the matrimonial ties with the complainant within - 2 - four weeks from today. No sooner, the said affidavit is filed, petitioner,namely, Harda Devi @ Sarda Devi 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 of S.D.J.M., Katihar in Complaint Case No.1468 of 2007, subject to the condition as laid down under section 438(2) Cr.P.C. Thereafter, the notice be issued to the complainant and after she appears, petitioner should persuade her to come back to the matrimonial home. In the event, complainant is back in matrimonial home or dispute resolved or she is found unreasonable the provisional bail shall 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 matter be communicated through fax on payment of usual charges by - 3 - N.H./ the petitioner. ( V.N. Sinha,J.)