IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53208 of 2008 SANTOSH KUMAR @ SANTOSH KUMAR SINGH, son of Lagan Singh, resident of Mohalla-Bai Gachhi Sasti Tola, P.O.Jagdishpur Haat, P.S.Lilua, District-Howrah(West Bengal). Versus STATE OF BIHAR & ANR ----------- 2. 3.2.2009 Heard Sri Jitendra Kumar No.1, Advocate for the petitioner and the learned A.P.P. for the State. The petitioner husband seeks bail in a complaint case brought by his wife. Some of the facts are not disputed that the lady had filed a earlier case also but that ended in compromise on account of the intervention of the well-wishers and that the lady thereafter went to live with the petitioner in his house in Kolkata but an attempt was made to kill her as per the allegation by the petitioner and others. The allegation further is that the lady learnt that the petitioner had married another lady and as such, excluded the complainant. Besides, petitioner had filed a petition for dissolution of marriage to the lady in the Family Court, Howrah(West Bengal). The lady filed a maintenance petition before the Principal Judge, Family Court, Gaya and obtained an order in her favour directing payment of Rs.800/- per month to her. The allegation further indicates that the lady was turned out from the house of the petitioner and she was living in the rented house. It was contended that the petitioner had filed a petition for seeking a decree of dissolution of marriage of the petitioner to the lady and that he was already paying maintenance at the rate of Rs.800/- per month to her. It is contended further that the petitioner - 2 - was sole earning member of his family and the lady has attempted to create a defence for herself in Matrimonial Petition No.482 of 2005 filed by the petitioner in the District Judge’s Court, Howrah. The court is deprived of the information as to what was the ground for prosecution dissolution of marriage of the petitioner to lady and it could not be appropriate to use it as a defence in the present case. As regards the other aspects, considering that the petitioner was earlier being prosecuted in a separate complaint which ended in compromise and now the lady alleged further illtreatment and torture after resolution of the earlier dispute, the court is not inclined to direct the release of the above named petitioner on bail. Petition is dismissed. B.Kr. ( Dharnidhar Jha, J. )