IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32035 of 2008 ANIL SINGH @ ANIL KUMAR SINGH Versus STATE OF BIHAR ----------- 2 22.08.2008 Heard. The petitioner, a lawyer by profession, stands caught in the web of his professional act. It is a petition of complaint drafted by an advocate and that makes an allegation against the petitioner of ill treating and torturing the wife of the complainant who had married , admittedly to the petitioner, in the year 2003. The lady stated that after residing in the house of the petitioner for some time, she was turned out after being ill treated and tortured for the reason that she could not fulfil the demands for bringing additional dowry in the form of cash of Rs. 30,000/-. The further allegation is that the lady found the petitioner in a compromising position with another lady. The contention is that the lady was astray and was also a person of unsound mind and as such she herself did not want to live with the petitioner and on these grounds, the petitioner filed a petition for decree of dissolution of marriage in the Civil Court, Chandauli and when the notices had been issued on that petition under the Hindu Marriage Act, the complaint petition has been filed. The prayer for bail has been opposed by the learned counsel for the complainant who has appeared in this petition and it has been pointed out by drawing the attention of the court - 2 - to the statements made in the counter affidavit that the petitioner had married another lady, during the subsistence of the marriage in May, 2007 and the act of pushing out the lady from her matrimonial house appears taking a final shape. It was contended by the learned counsel that the lady was still desirous of living with the petitioner. Considering the allegations and the facts of the case, I am not inclined to admit the petitioner to bail .The petition is dismissed. However, if the petitioner files a petition before the S.D.J.M., Bikramganj in complaint petition no. 586/2006 expressing his desire of taking back the complainant into his family fold, the learned Court below can draw an order to the above effect and show the same to the learned counsel who could be appearing in that complaint case for the complainant. Besides, he shall issue notices through nazarat as also through the police station in the jurisdiction of which the lady could be residing to appear on a particular date before the Court below, on which date, the petitioner shall also be got produced from custody. Having got both the parties before it, the court shall talk to the spouses jointly and individually so as to find out the ways and means of rehabilitating the complainant. In case the petitioner takes back her unconditionally, the petitioner may be granted bail by accepting the bond provisionally. In case the lady refuses to accompany the petitioner for reasons which - 3 - could not be acceptable to a reasonable person and if take a very stiff stand against the efforts of the court towards reconciliation then in that case also, the petitioner shall be released on bail.. It might be that the court is required to hold such sittings on more than one date. The court is free to invest as much time as it requires and deems necessary. Let the order be communicated through fax at the cost of the petitioner to the Court of S.D.J.M., Bikramganj, Rohtas in connection with complaint case no. 586/2006(Tr. No. 2541/2008). pkj (Dharnidhar Jha, J)