Sanjay Paswan vs State Of Bihar on 7 October, 2010

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.30218 of 2010
        SANJAY PASWAN, SON OF RAMASHISH PASWAN RESIDENT OF VILLAGE
        MANJHAULI, POLICE STATION WAZIRGANJ, DISTRICT GAYA.
                                          Versus
                                THE STATE OF BIHAR .
                                        -----------

02. 07.10.2010 Heard learned counsel for the petitioner and the

State.

Petitioner husband is apprehending his arrest in

connection with a case registered for the offence under

Sections 498A, 406 of the Penal Code. It is submitted on

his behalf that the complainant has already married Ram

Murat Paswan, son of late Baldev Paswan of village and

P.S. Tharthari, still petitioner is ready and willing to

resume the matrimonial ties if she is ready to resume the

matrimonial ties with the petitioner and to that effect he

shall file written undertaking on affidavit in the court

below within four weeks from the date of receipt of this

order in the court below.

No sooner the petitioner above named file

such undertaking on affidavit, he be admitted to the

privilege of provisional bail on furnishing bail bond of

Rs.5,000/-(Five thousand) with two sureties of the like

amount each to the satisfaction of Sri Manoj Kumar,

Judicial Magistrate, Ist Class, Bihar Sharif, Nalanda in

connection with Complaint Case No.671 C of 2002,

thereafter notice be issued to the complainant and once
-2-

she appears petitioner in presence of the court should

persuade her to come back to the matrimonial home not

only by words of mouth but also with suitable conduct

and gesture which should generate confidence in her.

In the event, complainant comes back to the

matrimonial home or the matrimonial dispute is resolved

or the complainant is found to be unreasonable,

provisional bail allowed to the petitioner should be

confirmed, failing which the court below should pass

appropriate order in accordance with law considering the

reasonableness of the stand of the parties.

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.

(V.N. Sinha, J.)
Rajesh/