IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33135 of 2010 MAHESH THAKUR Versus STATE OF BIHAR ----------- 02 02.11.2010 Heard learned counsel for the petitioner as well as learned P.P. for the State assisted by learned counsel for the informant. Petitioner, Mahesh Thakur apprehends his arrest in connection with Kotwa P.S. Case No. 150 of 2009 registered under Secitons 498(A), 323 and 379 of the I.P.C. Admittedly, petitioner is husband of the informant and his marriage has taken place eighteen years ago. Subsequently, informant gave birth to three children out of the aforesaid wedlock but the misfortune of the informant started when petitioner developed illicit relationship and solemnized his second marriage with one Pratima Devi and thereafter petitioner started torturing the informant in both ways mentally and physically. Learned counsel for the informant submits that the informant still wants to lead her conjugal life with petitioner. Though learned counsel for the petitioner submits that petitioner also wants to lead his conjugal life with informant but the informant is a cruel lady and she herself does not want to live with him. It appears from perusal of the impugned order that the informant has already filed a maintenance case against the 2 petitioner. So considering the aforesaid circumstances, petitioner, namely, Mahesh Tahakur, in the event of his arrest or surrender within thirty days from the date of communication of this order, shall be released on bail in connection with Kotwa P.S. Case No. 150 of 2009 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran subject to condition as laid down under Section 438(2) of the Cr. P.C. However, the learned court below shall take effective steps for reconciliation of the dispute of the parties and if within three months from the date of receipt of this order to the concerned court, the learned court below is not succeeded to patch up the dispute of the parties then in that event, the learned court below shall be at liberty to cancel the bail bond of the petitioner, if it is found that reconciliation could not succeed due to non-cooperative approach of the petitioner. Shahzad ( Hemant Kumar Srivastava, J.)