IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35779 of 2010 CHANDAN RAM Versus STATE OF BIHAR ----------- 2 19.11.2010 Heard learned counsel for the petitioner as well as learned counsel for the state. Petitioner is husband of the complainant and his marriage had taken place four years ago with the petitioner. At the very outset, Learned counsel for the petitioner points out that the petitioner is still willing and ready to keep the complainant with full honour and dignity. He further points out that the allegation of solemnization of second marriage by the petitioner has been found untrue by learned Sub Divisional Judicial Magistrate, Khagaria and that is why he has not taken cognizance for the above said alleged offence of section 494 of the Indian Penal Code. In view of the aforesaid submissions, petitioner, namely, Chandan Ram in the event of arrest or surrender within 30 days from receipt of the order in the court below in connection with Complaint Case No. 746 ( C ) of 2009 shall be released on provisional bail for the period of two months on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Khagaria subject to condition as laid down u/S 438(2) of the Cr.P.C, 2 The learned Sub Divisional Judicial Magistrate, Khagaria shall issue notice to the complainant as well as petitioner after surrender of the petitioner fixing a date for reconciliation. Furthermore, after ensuring the attendance of petitioner and the complainant, the learned Sub Divisional Judicial Magistrate, Khagaria shall proceed to patch up the dispute of the parties and if on account of rigid and non- cooperative approach of the petitioner, the aforesaid reconciliation is failed, in that circumstance, the learned court below will not extend the period of provisional bail to the petitioner. But if the aforesaid reconciliation is failed on account of fault on the part of the complainant, then in that circumstance, the provisional bail granted to the petitioner shall be confirmed by the learned court below itself. Furthermore, it is made clear that all the aforesaid exercise shall be done by the learned court below within three months from the date of surrender of the petitioner. AKV/- ( Hemant Kumar Srivastava,J.)