IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10131 of 2010 RAJENDRA SHARMA Son of Late Banwari Sharma Versus THE STATE OF BIHAR & ANR ----------- 3/ 17.05.2010 Heard learned counsel for the petitioner and the State as well as informant. The petitioner apprehends his arrest in a case registered for the offence under Section 323 and 498 (A) of the Indian Penal Code. Learned counsel for the petitioner submits that as per the complaint petition itself, the opposite party was married 18 years back after the death of first wife of the petitioner. The complainant states that she has four children from this petitioner. She even reared the child of the petitioner born from wedlock with his first wife. She alleges that now petitioner as well as his son and daughter-in-law have started torturing. Learned counsel further submits that the complainant does not dispute that she was kept well for quite a long time. Counsel for the informant submits that the accused persons are torturing the complainant. It appears that the complainant was married about 18 years back and she has four children from the petitioner. The petitioner is working as a foreman in a private company in Saudi Arabia, copy of the passport is annexed as Annexure-2 to this petition. Having regard to the facts and circumstances of the case, I direct that in the event of arrest or surrender within six weeks from today petitioner shall be released on bail on furnishing bail bond of - 2 - Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Gopalganj in connection with Complaint case no. 1960 of 2009 / Tr. No. 1074 of 2010, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, with the condition that he will pay a sum of Rs.1100 per month to opposite party no.-2, which would be paid at least by end of 3rd week of the successive month in the account of the complainant. In case, the complainant is not having any account of her own, she would open one such account, so that the money would be deposited in the account of opposite party no-.2. This application is, accordingly, disposed of. Uday/ (Samarendra Pratap Singh, J.)