IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.30362 of 2010
PRAKASH CHUAHAN, SON LATE RAMCHARITRA
CHAUHAN, RESIDENT OF VILLAGE KAMRUP, P.S.
KADWA, DISTRICT KATIHAR.
Versus
THE STATE OF BIHAR
-----------
02. 12.10.2010 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 Section-498A of the Penal Code and
Section-4 of the Dowry Prohibition Act. It is submitted
on behalf of the petitioner that he is ready and willing to
continue the matrimonial relationship with the
complainant 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 Sub-Divisional
Judicial Magistrate, Katihar in connection with
Complaint Case No.1897 of 2008, thereafter notice be
issued to the complainant and once she appears
2
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.
Rajesh/ ( V. N. Sinha, J.)