IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37589 of 2008 MD.SHAMSHAD @ MD.AMSHAD Versus STATE OF BIHAR ----------- 2. 12.11.2008 Heard Md. Fahimuddin, Advocate for the petitioner and the learned A.P.P. for the State. The written report of the wife is the basis of the case which is under Section 498 etc IPC and it is alleged that the petitioner husband was assaulting the lady as also her children and were not even providing sufficient morsel of meals so as to sustaining them. Besides, it is contended that the petitioner was being helped out in the acts of torture and illtreatment by his second wife. Considering the seriousness of the allegation, I am not inclined to direct the release of the petitioner on bail. Petition is dismissed. However, if the petitioner files a petition in the court below, i.e., C.J.M. Begusarai in connection with Teghra P.S.Case No.73 of 2008 expressing his desire of taking back the lady the court below shall fix a date for appearance of the lady on which date the petitioner shall also be produced from custody - 2 - and if the court finds after sitting with the spouses in his Chambers, that the petitioner is really sincere in his desire and accordingly, takes the lady back to his house, the petitioner could be released on bail by the court below. If the lady appears putting up any conditions which could be unreasonable or unacceptable in that case also the petitioner shall be released on bail. Let this order be communicated to the court concerned through fax at the cost of the petitioner. B.Kr. ( Dharnidhar Jha, J. )