IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16114 of 2011 Md. Shahid Versus The State Of Bihar ----------- 03. 09.08.2011 In pursuance to the order dated 20.06.2011, the petitioner and opposite party no.2 are present. It is contended by learned Sr. counsel for the petitioner that the opposite party no.2 was divorced by the petitioner four years prior to the lodging of the present case, which is being denied by the opposite party no.2. From perusal of the records, it appears that earlier Maniyari P.S. Case No. 120/2006 was registered against the petitioner under Section 376 of the Indian Penal Code, subsequently, the matter was compromised and the petitioner married with opposite party no.2 thereafter it is claimed by the petitioner that the opposite party no.2 was divorced when certain lands have been transferred by O.P. No..2 in favour of the father of the petitioner on payment of the consideration. It is submitted by learned counsel for the opposite party no.2 that said sale deeds were executed under certain misconception. 2 Considering the background in which the marriage was performed and the subsequent developments, the reconciliation appears not to feasible. The petitioner is ready to pay Rs. 1,000/- per month to opposite party no.2 from September, 2011 by depositing the same in the bank account of the opposite party no.2 by second week of every month. The said offer of the petitioner is acceptable to opposite party no.2. The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceeding. The opposite party no.2 undertakes to supply the bank account number to the petitioner within a period of two weeks. In view of the disputed question of factum of the marriage, this payment will have no bearing with regard to the relationship between the parties. Considering the aforesaid facts, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned 3 Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, (West) at Muzaffarpur in connection with Maniyari P.S. Case No. 47/2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. The petitioner will only make the payment till the opposite party no.2 does not marry to anyone. Three consecutive defaults in making payment by the petitioner will give liberty to opposite party no.2 to file an appropriate application for cancellation of the bail of the petitioner. Amrendra/- (Dinesh Kumar Singh, J.)