IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43180 of 2008 LALENDRA DAS, S/o- Sri Jamun Das, Resident of Village- Paharpur, Police Station- Ghoshi(Okari O.P.), District- Jehanabad :--------Petitioner. Versus STATE OF BIHAR:------ Opposite Party. ----------- For the petitioner :Mr. Sunil Prasad, Advocate. For the Opposite Party : Mr. Nitya Nand Tiwari, A.P.P. ====== 2. 20.11.2008. Heard learned counsel for the petitioner and the State. Petitioner, who is the husband of the complainant, is an accused in a case under Sections 323, 494 and 498A of the Penal Code. It is submitted on his behalf that the allegation that he has married Muneshwari Davi is absolutely incorrect and further he is ready and willing to continue the matrimonial relation with the complainant and stating both the facts he shall file a written undertaking on affidavit in the court below. No sooner such affidavit is filed, petitioner, namely, Lalendra Das be admitted to the privilege of provisional bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Sri R.K.Pandey, J.M., 1st Class, Jehanabad in connection with Complaint Case No. 639 of 2006 and thereafter the complainant be noticed and once she is available in the court, petitioner, in presence of the court, should persuade the complainant to resolve the matrimonial dispute not only by words of mouth but also by his suitable conduct and gesture. In the event, complainant is back in the matrimonial home or the dispute is resolved, provisional bail allowed to the petitioner be confirmed, failing which court below shall pass - 2 - appropriate orders in accordance with law including grant of monthly compensation to the complainant for maintaining a separate residence. This application is, accordingly, disposed of. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. P.K.P. (V.N.Sinha,J.)