Dinesh Das v. STATE OF BIHAR

Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 323, 341, 307 and 498A of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act. He is the husband of the complainant. It is submitted on behalf of the petitioner that he is ready and willing to continue the matrimonial ties with the complainant and for that purpose, he shall file written undertaking on affidavit in the court below within four weeks from today. No sooner the aforesaid affidavit is filed, petitioner, Dinesh Das be admitted to the privilege of provisional bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Complaint Case No. 65C of 2007, subject to the conditions, as laid down under Section 438(2) Cr.P.C. and thereafter notice be issued to the complainant and once she appears, petitioner, in presence of the court, should persuade her to come back to the matrimonial fold. In the event complainant comes back to the matrimonial fold or the matrimonial dispute is resolved or the complainant is found to be unreasonable, provisional bail granted to the petitioner shall be - 2 - confirmed, otherwise the court below shall be at liberty to pass appropriate orders in accordance with law considering 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. Arjun/ (V.N. Sinha, J.)