IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38643 of 2008 MAHESH PRASAD GUPTA, Son of Bharat Prasad Gupta, Resident of village – Basantpur, P.S. – Basantpur, District - Siwan. …. Petitioner. Versus 1. THE STATE OF BIHAR. 2. PINKI DEVI, D/o Ram Layak Sah, resident of village – Mashrak, P.S. – Mashrak, District – Saran. …. Opp. Parties. ----------- 04/ 10.04.2009 Heard learned counsel for the petitioner and O.P. No.2. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 498A & 494 of the Penal Code and Section 3/4 of Dowry Prohibition Act. It is submitted on his behalf that the allegation that he has married for the second time with the daughter of Shivnath Sah of village - Salarpur, District – Siwan is absolutely incorrect and false. Let petitioner file such an affidavit in the court below on 27th of April, 2009 and satisfy the court below that he has not married the daughter of Shivnath Sah. The court below if so satisfied, then petitioner should be admitted to the provisional bail amount whereof be fixed by the court below and O.P. No. 2 should resume matrimonial relationship with the petitioner at her matrimonial home and petitioner should ensure that peace and cordial relationship prevail between him and O.P. No.2. Until such satisfaction is recorded or court below is satisfied that petitioner has married for the second time and it is not possible for O.P. No. 2 to continue matrimonial relationship with the petitioner, then appropriate orders in accordance with law be passed by the court below. - 2 - This application is, accordingly, disposed of. Let this order be communicated to the court of Chief Judicial Magistrate, Saran at Chapra in connection with Masrakh P.S. Case No. 34 of 2008 on payment of usual charges by the petitioner. DKS/ (V.N. Sinha, J.)