IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36958 of 2011 Binod Kumhar son of Ram Janam Kumhar, Resident of village-Gaighat, P.S.-Sasaram, District- Rohtas. Versus 1.The State of Bihar 2.Bimla Devi wife of Rameshwar Kohar @ Subash Prasad, daughter of Baijnath Kumhar, Resident of village-Ghataon, P.S.-Kudra, District-Kaimur (Bhabua) ----------- 2. 9.11.2011. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case in which cognizance of the offence punishable under sections 498A, 494 and 406 of the Indian Penal Code has been taken. It is submitted that though the complainant alleges herself to be a legally wedded wife of the petitioner but the same is not true. The complainant is maternal aunt (Mami) of the petitioner. The marriage of the petitioner was never solemnized with her. The complainant was married to Rameshwar Kumhar @ Subhash Prasad, who is maternal uncle (Mama) of the petitioner. Referring to paragraph 1 of the complaint, it is submitted that the complainant has also admitted the fact that earlier she was married to Rameshwar Kumhar in the year 1996. The further contention that since the first husband deserted her, she married the petitioner on 5.6.1967 is denied. Even otherwise, when the complainant admits to be married earlier she could not have legally married the petitioner without a decree of divorce. Such marriage is not permissible in law. Taking into consideration the aforesaid submissions, 2 facts and circumstances of the case, let the petitioner named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of learned Sub.Divisional Judicial Magistrate, Kaimur (Bhabua) in connection with Complaint Case No.165 of 2010 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)