IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31636 of 2010 1. Dwarika Sah, son of Sita Sah 2. Krishna Sah, son of Sita Sah, both are resident of village Mohan Bazar Maharajganj, P.S. Maharajganj, District Siwan Versus 1. The State Of Bihar 2. Lakshmina Devi wife of Krishna Sah, resident of village Mohan Bazar Maharajganj, P.S. Maharajganj, District Siwan, presently reside village Bharhopur Ke Mathia, P.S., District Saran (Chapra) ----------- 02/ 21.12.2010 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a complaint case registered for the offence under Sections 498A, 323 and 379 of the Indian Penal Code. From perusal of the order of the Sessions Judge refusing the prayer for bail in the event of arrest, it appears that there is dispute about the identity of the husband of the complainant, as according to the complainant, Krishna Sah is her husband and she is ready to continue matrimonial relationship with Krishna Sah, but according to the petitioners, Dwarika Sah is the husband of the complainant and he is ready and willing to continue matrimonial relationship with the complainant. 2 In view of the identity of the husband of the complainant being in dispute, I direct the petitioners above named to surrender in the court of 1st Judicial Magistrate, Saran at Chapra in connection with Complaint Case No. 2136 of 2008, Trial No. 1395 of 2009 within four weeks from the date of receipt of this order in the court below and thereafter the complainant be noticed and in presence of the complaint the court below should decide as to who of the two petitioners is the husband of the complainant and thereafter pass appropriate orders in accordance with law. Until such order is passed, no coercive steps be taken against the petitioners. Let this order be communicated to the court below through fax on payment of usual charges by the petitioners. Arjun/ ( V. N. Sinha, J.)