IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33393 of 2011 Rajesh @ Rajesh Bharti Son of Jagarnath Bharti, resident of Village- Chapraitha, P.S. Rasulpur, District- Saran. -------------Petitioner Versus The State Of Bihar --------------------Opposite Party ---------------------------------- 2. 29.09.2011 Heard learned counsel for the petitioner and learned A.P.P. for the State. This is an application under Section 438 of the Code of Criminal Procedure for Anticipatory bail in Complaint Case No. 1600 of 2009 (Trial No. 2515 of 2010) under Sections 323, 341, 498 (A), 494 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act pending in the Court of S.D.J.M., Chapra. The petitioner is the husband of the complainant. The complaint petition discloses torture. An attempt was made on the life of the complainant but somehow she managed to come to her maternal house. Learned counsel for the petitioner submits that the present complaint case was the result of a divorce case which the petitioner had filed on 21.9.2008 being H.M.A. No. 9 of 2008 in the Court of District Judge, Faridabad. There is a categorical statement by the petitioner in paragraph no. 10 of the petition that he is ready to keep the complainant. However, in the order of the Sessions 2 Judge, it has been mentioned that the petitioner has performed second marriage with one Chanda Kumari. Learned counsel for the petitioner clearly denied this fact and says that he has not remarried and he is ready to keep the complainant with full security, dignity and honour to which she is entitled. Considering the facts and circumstances of the case, this Court feels that the categorical stand which is taken by the petitioner to take his wife with full security, dignity and honour alongwith her minor son, the atmosphere may be made conducive so that situation should not reach a point of no return. Accordingly the petitioner shall not be arrested till 28.10.2011 in Complaint Case No. 1600 of 2009. It is further directed that the complainant would appear before the S.D.J.M. Chapra on 28.10.2011 when the S.D.J.M. shall release him on provisional bail and shall fix a date calling upon the complainant to be physically present before the Court. The S.D.J.M. shall on the next date take appropriate undertaking from the petitioner that he shall keep his wife with full security, dignity and honour and live peacefully with each other. If the Court comes to the conclusion that the parties are ready to forget the past and make a new beginning then he shall also take appropriate undertaking from the 3 petitioner that he shall keep his wife in peace mentally and physically and shall confirm the bail. The S.D.J.M. thereafter shall monitor the case by calling both the parties before it at least once in two months. If the S.D.J.M. sees that there is any breach of undertaking then the S.D.J.M. shall cancel the bail bond of the petitioner. The petitioner shall be obliged to surrender before the Court. The complainant shall also be at liberty to file any petition with regard to any mal treatment or breach of undertaking upon which the Court shall pass appropriate orders including cancelling the bail of the petitioner. This application is accordingly disposed off. Anand Kr. ( Ahsanuddin Amanullah, J.)