IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9594 of 2008 Balmiki Prasad @ Biresh Kumar, son of Devanand Prasad, resident of Village- Atbalchak, P.S. Tharthari, District- Nalanda. ---Petitioner. -Versus- The State of Bihar……… … ………………….Opposite Party. ---------- 10. 27.11.2008. Heard the counsel for the petitioner and the counsel appearing on behalf of the opposite party. This Court had directed both the parties to appear in person to resolve the matter at the stage of granting bail. The petitioner was granted provisional bail on 23.5.2008 by this Court. On 18.8.2008 the parties appeared in the Chambers and they agreed to go and live together. Thereafter, on the next date the opposite party no.2 filed a supplementary affidavit and the petitioner filed a reply to the supplementary affidavit alleging therein that the lady had abused the petitioner, and as such, reconciliation process failed. Considering the facts of the case it appears that a complaint petition was filed on 11.5.2005 and eventually led to filing of the First Information Report on 1.6.2005. The allegation against the petitioner is that he demanded a Motor Cycle and 25,000/- rupees. It has also been alleged that he has remarried. Counsel for the petitioner submits that the petitioner has remained in custody for about seven months and the allegations of remarriage are false and fabricated. It is further submitted that he has apprehension that if the petitioner took his wife back to his village - 2 - home, the opposite party no.2 that his wife would make serious charges against the petitioner. Considering the fact that the petitioner has remained in custody for about seven months, I am not inclined to send him back to custody as that would further cause hindrance in settling the matter as the counsel for the opposite party no.2 claims that the opposite party no.2 is ready and willing to live with her husband. In the circumstances, the provisional bail granted to the petitioner on 23.5.2008 is hereby confirmed. U.K. (Sheema Ali Khan,J)