IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6356 of 2009 DEEPRAJ, SON OF YOGENDRA RAI, RESIDENT OF VILLAGE- LALBAHADUR SHASTRINAGAR, P.S. SHASTRINAGAR, DISTT- PATNA. Versus 1. STATE OF BIHAR 2. RUBY DEVI WIFE OF DEEPRAJ, DAUGHTER OF BINDESHWAR, R/M BIBIGANJ, QUARTER NO.G/129, P.S. SADAR, DISTT- MUZAFFARPUR. ----------- 2. 21.7.2009. Petitioner-husband is apprehending his arrest in connection with a case registered for the offence under section 498 I.P.C. It is submitted on his behalf that he is ready and willing to continue matrimonial ties with the complainant Rubi Devi and for such purpose, he has already 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 he is ready and willing to continue the matrimonial ties with the complainant within four weeks from today. No sooner, the said affidavit is filed, petitioner, namely, Deepraj be admitted to the privilege of - 2 - N.H./ 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., Muzaffarpur in Complaint Case No.42 of 2007, subject to the condition as laid down under section 438(2) Cr.P.C. Thereafter, the notice be issued and after appearance of the complainant petitioner should persuade her to resume the matrimonial ties. In the event complainant is back in the matrimonial home or dispute is resolved or she is found unreasonable provisional bail allowed to the petitioner 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 order be communicated through fax on payment of usual charges by the petitioner. ( V.N. Sinha,J.) - 3 -