IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21155 of 2010 GOPAL KUMAR PANDEY @ GOPAL PANDEY, SON OF LATE JAGDISH PANDEY, RESIDENT OF VILLAGE-GHORBANKI P.S. BASOPATTI, DISTRICT-MADHUBANI. --PETITIONER Versus THE STATE OF BIHAR --OPP.PARTY 2 03.08.2010 Heard Sri Murari Narayan Chaudhary, learned counsel for the petitioner, Sri Rajendra Singh, learned Additional Public Prosecutor for the State and Sri Subhash Kumar Jha, for the complainant. Petitioner is named accused in this case, being husband of the complainant, carries allegation of causing torture, mental and physical also, demand of some sort of dowry but main grievance appears against the petitioner is suspicion that he may marry with another lady. During the course of argument it is specifically submitted on behalf of the petitioner that not only suspicion is baseless but still he has no other wife than the complainant and ready to continue marital life. On the other hand, on behalf of the complainant, it is submitted that complainant has information that petitioner has already married with a lady. Considering the facts and circumstances, on the 2 event of filing specific statements supported by affidavit about the marital status, submitted here including denial of having another wife, the petitioner, in the event of arrest or surrender within four weeks from today, is directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani in Basopatti P.S. Case no.31 of 2010; G.R. no. 486 of 2010, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that the petitioner shall remain present on each and every date before the court below at least for two years or till disposal of the case, whichever is earlier. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be cancelled. Simultaneously, it is further made clear that if by cogent and convincing evidence the complainant establishes second marriage performed by the petitioner, the privilege granted shall be deemed cancelled. (Akhilesh Chandra, J.) AAhmad 3