IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21648 of 2011 Md. Tauqueer @ Tauqueer son of late Md. Tabarak Resident of village-Bisharia Jannatpur, P.S.-Bhargama, District- Araria Versus The State of Bihar ----------- 2. 8.7.2011. Heard learned counsel for the petitioner and learned counsel for the State. Apprehending his arrest in connection with Complaint Case No.03 of 2010 registered for the offence under section 498A of the Indian Penal Code, the petitioner has prayed for grant of bail. In a case arising out of a complaint allegation has been made that as the complainant failed to deliver a child she was subjected to cruelty and the husband has married another lady. Further allegation is that the complainant was ousted from her matrimonial house on 25.12.2009. Learned counsel for the petitioner submits that it is true that marriage took place nearly six years back and the couple was not blessed with any child, only thereafter the petitioner has married again with another lady which is permissible under Mohammedan Law. Learned counsel for the petitioner further submits that it is false to allege that the complainant was ever subjected to cruelty and the petitioner is ready to keep the complainant as his wife with dignity and honour. Taking into consideration the aforesaid submissions made on behalf of the petitioner, let the petitioner, namely, Md. Tauqueer @ Tauqueer in the event of his arrest or surrender before the court below within a period of four weeks from the date of 2 communication of the order, be released on provisional bail for a period of six months during which time the petitioner would make endeavour to bring back his wife and keep her with dignity and honour on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Araria in connection with Complaint Case No.03 of 2010. It is made clear that if the petitioner would be able to satisfy the court below after expiry of six months that the complainant is being kept with dignity and honour and not subjected to any cruelty or the complainant herself has deserted the petitioner, the provisional bail so granted shall be confirmed by the court below. In case the petitioner fails to satisfy the court in this regard on expiry of six months, the petitioner would seek regular bail which would be considered on its own merit without being influenced in any manner by the order passed in this case. Md.S. ( Ashwani Kumar Singh, J.)