IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53032 of 2008 MOHAMMAD ANWAR @ MD. ANWAR MIYAN, son of late Mohammad Akbar Mian, resident of village Barbi Babhni, P.S. Bodh Gaya, District - Gaya Versus STATE OF BIHAR ----------- 2/ 02.02.2009 Heard. A wife could have a valid ground to live away from her husband if he has contracted another marriage during the life time of the spouse. This could be gathered from the legal provision contained in section 494 of the Indian Penal Code. As such, the finding recorded in the rejection order that the wife was complaining about the petitioner having married another lady and as such, her life being in danger, could not be brushed aside as lightly as was attempted to. This appears a fact that the complainant was expelled from the house of the petitioner by him and another accused only because she was not paying up rupees twenty thousand as demanded. The conduct was after five years of the marriage of the lady to the petitioner. The wife is still away and has sought intervention of this court for uniting her to the present petitioner. Considering the facts and circumstances of the case, I am not inclined to direct release of the petitioner. I direct the S.D.J.M. Gaya to fix a date after notifying the same by drawing up an appropriate order, on which date both the parties shall appear before him; the petitioner on account of being produced from custody. The court below shall take both the sides into his chambers and explore the possibilities of reunion between the spouses and in case the reunion - 2 - succeeds and in case also that the petitioner gives an undertaking to the satisfaction of the learned magistrate about the safety and secured place the complainant occupies in the family of the petitioner, the court below could direct the release of the petitioner on bail without being hindered by any earlier order of rejection including the present one on execution of a bond to its own satisfaction. In case the reason shown by his wife for not going to the petitioner’s house appears to the magistrate completely unreasonable or as acts which could indicate that the lady was taking a very different position, then in that case also, the petitioner could be admitted to bail. With the aforementioned observation/ direction, this petition is dismissed. Anil/ (Dharnidhar Jha, J.)