IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40412 of 2008 JAI KISHORE SINGH Versus STATE OF BIHAR ----------- 3. 9.1.2009 Heard Mr. S.S. Sharma, learned counsel for the petitioner and Mr. D. Mehta, learned A.P.P. The case is under section 498A etc. of the Indian Penal Code and it is alleged that the wife was being ill-treated, tortured and lastly being expelled from the house of the petitioner, her husband, on account of non-fulfillment of demand of additional dowry of Rs.50,000/- and a motor-cycle. The further allegation is that the petitioner married another lady after expelling the informant. The plea of the petitioner is that the lady was physically disabled person and she was not able to meet the demand of a marital life and, as such, filed an affidavit allowing the petitioner to marry another lady and, as such, the allegation is fictitious. I direct the court below, i.e., the C.J.M., Muzaffarpur, to call the lady to his court on any date after giving notice to her and verify her physical disability in the light of the affidavit, a copy of which shall be produced before the court below by the petitioner’s counsel and after being satisfied about the physical disability and genuineness of the affidavit, the court below shall release the petitioner on bail. In case, the court is satisfied that the lady is purposely not coming to the court for the required verification then also the petitioner shall be released on bail on execution of bond to its own satisfaction. - 2 - The petition is disposed of. sudip ( Dharnidhar Jha,J )