IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51082 of 2008 SHAILENDRA SINGH, son of Lagandeo Singh, resident of village – Bandhu Barwa, P.S. Ramgarhwa, District – East Champaran Versus STATE OF BIHAR ----------- 2/ 22.1.2009 Heard. Petitioner is the husband and bears the allegation that after a couple of litigations in the past which ended in compromise, the petitioner brought the complainant to his house in December, 2000 whereafter the lady states that she was living peacefully in the house of the petitioner who had gone out in connection with earning his livelihood but continued visiting the lady and his house off and on and, during that course, the petitioner married a nurse named Neha which was six months prior to the filing of the complaint petition. It is alleged that when the lady raised the issue of the petitioner marrying another lady, all the accused persons ill treated and assaulted her and after snatching her belongings like ornaments etc., put her into railways with a warning not to come back again. It is not denied that spouses litigated in the past after begetting a daughter in 2 the year 1996. A divorce petition was filed besides a complaint case being Complaint case no. 1808 C of 2000. It is not disputed that the earlier litigations ended in compromise and to that extent the story put forth by the lady is admitted by the petitioner. The petitioner has not forwarded any reasonable defence as to why the lady could be presenting another complaint after slapping an allegation of marrying another lady during the life time of the complainant and also after begetting a daughter. The petitioner also does not appear explaining as to why it was all turmoil again after the parties had compromised in the year 2000 and that the lady filed the complaint petition. Considering the circumstances appearing, I am not inclined to direct petitioner’s release on bail. Petition is dismissed. However, if the petitioner takes any step for reconciliation with his wife, the complainant, the court below could consider that in case the reconciliation succeeds after issuing a notice to the lady for her appearance and a full fledged undertaking being granted 3 by the petitioner on rehabilitation of the lady and her child, the court may consider admitting the petitioner to bail on appropriate terms in connection with Complaint Case no. 41- C of 2003 (S.C. No. 92 of 2007). Anil/ ( Dharnidhar Jha,J )