IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20163 of 2009 1. MD.BAISH son of Late Md. Sadaque. 2.Mahful Khatoon, wife of Md. Baish. Versus STATE OF BIHAR ----------- 3. 03.02.2011 Petitioner No. 1 is husband and petitioner No. 2 is alleged second wife. The petitioners apprehend their arrest in complaint Case No.2765 of 2005 for an offence under Section 494, 498A which is pending before the S.D.J.M, East Muzaffarpur. Pursuant to orders of this Court the complainant has appeared, the complainant does not dispute that the marriage as between the parties took place thirty five years back in the year 1975 by any estimate. The parties must be now approaching to become senior citizen. The complainant alleges that the petitioner having appended his family and the children and had married again. The petitioners states that being a muslim that there is no law prohibit that the second marriage of the petitioner under Section 494 was itself misconceived and wrongly entertained by the Court. It appears that the parties are unable to live together and discharge their social responsibilities that cannot bring the matter to Criminal Court that tendency must be discouraged. Be that as it may, in the event of his arrest or surrender, above named petitioners shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two 2 sureties of the like amount each to the satisfaction of learned S.D.J.M, East Muzaffarpur in Complaint Case No. 2765 of 2005,subject to the conditions, as laid down under section 438(2) Cr.P.C. Namita ( Navaniti Prasad Singh, J.)