IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16800 of 2011 Maulendra Paswan, S/o Mahesh Paswan, R/o village- Belelari, P.O. Ekrara, P.S. Nalanda, Distt. Nalanda ………….. Petitioner Versus 1. The State Of Bihar 2. Neetu Kumari W/o Pramod paswan, D/O Kailash Paswan R/o village- Dumari, P.S. Govindpur, District- Nawada, at present residing at village- Pipra, P.S. Bajirganj, District- Gaya…… opp. Parties. ----------- 2 29-6-2011 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner’s prayer for anticipatory bail was earlier rejected on 10-11-2010 with an observation that in case he surrendered before the Chief Judicial Magistrate, Nawada within ten weeks with a proof that he had compromised his differences with the complainant then he shall be allowed bail on the date of surrender itself. The prayer for anticipatory bail has been renewed on the plea that even before the filing of the complaint case in the year 2000 the complainant had solemnized remarriage in the year 1999 with one Pramod Paswan. In support of such a plea a certificate by one Balo Paswan said to be Ward member of Ward No.11 of Gram panchayat- Pura, Gaya has been annexed along with similar certificate of one Vinod Singh, Deputy Mukhia of the said Panchayat. There is a similar certificate from Mukhia of Gram Panchayat Dumri, Ajay Paswan. It has been submitted that due to second marriage the complainant has refused to meet the petitioner as she is not interested in living with him. Considering the aforesaid submission this application for anticipatory bail is disposed of with a direction that if the petitioner 2 surrenders before the learned Chief Judicial Magistrate, Nawada in Complaint Case No. 311/2000 within eight weeks and take the aforesaid plea supported by an affidavit and certificates noticed above, in that event the court below will enlarge him on provisional bail for a period of two months and during that period the court below shall summon the complainant to find out the truth. If the plea is found to be false and the complainant expresses her willingness to continue her marital life with the petitioner in that event the provisional bail shall be cancelled and prayer of the petitioner for bail shall be considered on its own merit. In case that plea is found to be true then his provisional bail shall be confirmed. If cost is deposited, let this order be communicated to the court concerned i.e. the Court of Chief Judicial Magistrate, Nawada in connection with Complaint Case No. 311 of 2000 by fax. Naresh ( Shiva Kirti Singh, J.)