IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34670 of 2007 SANTOSH RAI @ SANTOSH KUMAR RAI, SON OF PANCHU RAI, R/V DEOKALI, P.S. MOHANIA, DISTRICT KAIMUR(BHABHUA)-------PETITIONER. Versus 1. THE STATE OF BIHAR 2. PHUL KUMAR, DAUGHTER OF MAHAVIR RAI, R/V LOHDAN, P.S. CHAND, DISTRICT KAIMUR(BHABHUA)---------OPPOSITE PARTIES. ----------- 08. 05.03.2009 Heard both sides. Counsel for the petitioner states that the allegations set out in complaint petition is absolutely false as he never married the daughter of Mahavir Rai, the complainant. Let the daughter of complainant appear in the court below and her statement be recorded by the learned Magistrate in presence of the petitioner and if the court below is satisfied that daughter of the complainant is the married wife of the petitioner then petitioner should accept her as his wife and if the complainant’s daughter is back in the matrimonial home then the petitioner, namely, Santosh Rai @ Santosh Kumar Rai be admitted to the privilege of provisional bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Kaimur at Bhabhua in connection with Complaint Case No. 380 of 2007, Tr. No. 1363 of 2007 and the relationship be monitored for a reasonable time. In the event court below is not satisfied about the case of - 2 - the complainant that his daughter is the legally weeded wife of petitioner then the provisional bail allowed to the petitioner shall be confirmed. With the observations above this application is disposed of. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. Rajesh/ (V.N.Sinha, J)