IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16303 of 2010 MD.NEHAL @ MUNNA KHAN @ MD.NEHAL KHAN, SON OF MOKAMIL KHAN, RESIDENT OF VILLAGE- TRUK BIGHA, P.O.- TURKBIGHA, P.S.- KACHHWA, DISTRICT- ROHTAS Versus STATE OF BIHAR . ----------- 2. 08.06.2010. Heard learned counsel for the petitioner, State and the counsel for the complainant Tabassum Khatoon. Petitioner, who is the husband of the complainant, is apprehending his arrest in connection with a complaint case registered for the offence under Section 498A of the Penal Code. It is submitted on his behalf that notwithstanding the Complaint Petition he is ready and willing to resume the matrimonial ties with the complainant and to that effect he shall file a written undertaking on affidavit in the court below on 21st June, 2010. No sooner the petitioner surrenders in the court below on 21st June, 2010 and files such affidavit, he, named above, 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 Chief Judicial Magistrate, Aurangabad in connection with Complaint Case No. 389 of 2009, Tr. No. 1562 of 2009. The complainant should also be present in court on that date so that in presence of the court she can be persuaded by the petitioner to come back to the matrimonial home for resuming the matrimonial ties not only by words of mouth but also by suitable conduct and gesture. The provisional bail allowed to the petitioner shall be continued until such time the court below is satisfied that matrimonial dispute between the parties has been resolved and - 2 - matrimonial peace prevails in the family of the petitioner and the complainant. In the event dispute is resolved or the complainant is back to her matrimonial home or she is found to be unreasonable, provisional bail granted to the petitioner shall be confirmed, failing which court below shall be at liberty to pass appropriate orders in accordance with law considering the reasonableness of the stand of the parties. Before parting with this case this Court will observe that petitioner should, within his means, try to maintain his wife at the place of his residence wherever he resides. 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.)