IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26059 of 2010 VIBHASH CHANDRA GUPTA @ MUNNA BABU Versus STATE OF BIHAR ----------- 2. 04.8.2010. Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the informant and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Lalganj P.S.Case No.79 of 2010 for offence punishable under sections 341, 342, 323, 504, 506, 498A/34 of the Indian Penal Code. It so appears that the informant had earlier instituted one more case arising from the same issue of matrimonial disharmony giving rise to Lalganj P.S.Case No.37 of 2007 against this petitioner under the similar provisions of sections 341,498A, 307,323, 120B/34 of the Indian penal Code. The petitioner being in custody, had filed Cr.Misc.No.55120 of 2007 which was disposed of by order dated 14.4.2008 granting him provisional bail in the following terms. “xxx The court has utter faith in the husband that he shuns these misbehaviours and shows himself responsible to his wife and son. It could be the responsibility of the court below, i.e the Chief Judicial Magistrate, Vaishali at Hajipur to monitor the situation on every two months by calling the couples jointly and 2 individually in his Chambers and talking to them so as to assessing the state of relationship between the two. The lady shall appear before the court below on 29.4.2008, on which date the husband shall also appear before the court below and the lady and the child shall accompany the husband. The provisional bail admitted to the petitioner shall be extended further for a period of two months. In case the husband is found wanting in his behaviour either towards the child or his mother, the court below shall cancel the bond and remand the petitioner to custody. In case, the behaviour of the husband appears over all acceptable, in that case the period of bond could be extended for another two months. This process of reviewing the relationship shall continue for a period of two years, whereafter, the court below could think of disposing of the case on compromise.” Pursuant to the order of this court, the petitioner was released on provisional bail when the informant chooses to initiate another proceeding giving rise to the present case arising from Lalganj P.S.Case No.79 of 2010 and consequent thereto, the petitioner has again been taken into custody. The provisional bail granted to this petitioner under the orders of this court, as taken note above, is yet to be confirmed. The condition stipulated in the order requires no further directions. In that view of the matter, no purpose would be served in keeping this petitioner in custody and/or to issue any fresh directions. Having regard to the circumstances of the 3 case and the submissions of the learned counsel for the petitioner, let petitioner Vibhash Chandra Gupta alias Munna Babu be released on bail on furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P.S.Case No.79 of 2010, ahk (Jyoti Saran, J.)