IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8141 of 2009 MAJRUL HASSAN @ MD.MAJRUL @ MAJRUL HAQUE Son of late Sk.Gaffar,resident of village-Brindaban,P.S.-Sathi,District- West Champaran. Versus STATE OF BIHAR ----------- 02/ 08-04-2009 Heard learned counsel for the petitioner and the State. Submission of the learned counsel for the petitioner is that there is allegation of next marriage with another girl having four children. Complainant left the petitioner’s house in the year 2002. Pendency of maintenance case goes to show that petitioner can be alleged for second marriage but not causing of torture. She is getting maintenance in her case. In my view also, it is not a case in which petitioner’s arrest can be justified. In case of arrest or surrender within one month from today in Complaint Case No.280-C/2007(Tr.No.338/2008), the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M.,West Champaran at Bettiah, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )