IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3306 of 2011 MANORAMA DEVI W/O SURENDRA THAKUR ----------------- PETITIONER Versus 1. THE STATE OF BIHAR 2. SHAKUNTI DEVI W/O SHRI SURENDRA THAKUR, ---------OPP PARTIES with Cr.Misc. No.7359 of 2011 SURENDRA THAKUR, SON OF LATE SHYAM NARAIN THAKUR, --------------- PETITIONER Versus 1. THE STATE OF BIHAR 2. SHAKUNTI DEVI W/O SHRI SURENDRA THAKUR. -------- OPP PARTIES ----------- 2 10.03.2011 Heard learned counsels for the petitioner and the State. The petitioners being the husband and the second wife of the husband are apprehending their arrest in a complaint case in which cognizance has been taken under Section 498A of the Indian Penal Code. The accusation is that the petitioner was married with the complainant in the year 1969 but after six years of the marriage the petitioner (Surendra Thakur) had performed second marriage, with the consent of complainant, subsequently, the husband agrees to pay Rs. 600/- per month, but the same was not being paid. It is submitted on behalf of the learned 2 counsel for the petitioners that the husband is ready to keep the complainant as wife full dignity and honour The husband is ready to pay Rs. 1500/- per month from April 2011 by depositing the same in the account of the complainant in second week of every month. The payment of aforesaid amount will be subject to any order passed in maintenance or matrimonial proceedings. Considering the aforesaid stand of the petitioners, let the above named petitioners, be released on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Jenahabad in connection with Complaint Case No. 561/2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. If the complainant will be desirous to resume the conjugal life, she may file a petition before the learned court below when the learned court below will 3 issue notice to the husband and fix a date for their appearance when the husband will take back the complainant to her matrimonial house. Consecutive default, in payment for three occasions, will give liberty to the complainant to file an application for cancellation of bail of the petitioners. Amrendra/- (Dinesh Kumar Singh, J.)