IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36769 of 2009 BUDHU RISIDEO @ BUDHU RISHIDEO, SON OF FAREBI RISIDEO, RESIDENT OF VILLAGE-CHHATIAUNS, POLICE STATION- RANIGANJ, DISTRICT- ARARIA --------------------------- PETITIONER Versus STATE OF BIHAR & ANR ----------- 2 12-11-2009 Heard learned counsel for the petitioner and the State. A complaint case was instituted under Sections 498A, 379 and 494 of the Indian Penal Code, but after examining the complainant on S.A. cognizance has been taken under Section 498A of the Indian Penal Code. Besides, the allegation made in the complaint, it has also emerged in the order of rejection of bail, but the petitioner has married second time with another lady ousting the complainant, namely, Sanjeeta Devi from the matrimonial house. The complainant has two minor children; a son three years of age and a daughter one year of age. Two children, it is alleged, are held by the petitioner for payment of money as dowry. Whatever be the merits of the allegation made in the complaint but one thing is not denied that the petitioner has got married a second time and the first wife has been thrown out of matrimonial house. The court in the normal circumstances would not have enlarged him on bail but as he undertakes to make payment of Rs.5000/- to the complainant initially before the trial court and thereafter he accepts to pay her Rs.500/- every month till the case is decided. The Court grants indulgence to the petitioner. - 2 - With the undertaking as given above, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of Sri S Prasad, J.M., 1st Class, Araria, in connection with Complaint Case No.2528C of 2007 with a direction that the trial court shall ensure first deposit of Rs.5000/- which will be handed over to the complainant and thereafter the petitioner shall ensure that Rs.500/- per month is paid to the complainant by 10th of every month. If any complaint or any allegation is made before the trial court with regard to the breach of above conditions, the petitioner may loose his freedom granted by this Court by allowing his prayer for bail. One of the sureties will be executed by the father of the petitioner. NKS/- (Ajay Kumar Tripathi, J)