IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1172 of 2011 DIGVIJAY MISHRA Versus THE STATE OF BIHAR ----------- 3 03.03.3011 Heard learned counsel for the petitioner as well as learned counsel for the state. None appears on behalf of the informant. Supplementary affidavit is filed stating this fact that the learned Additional Sessions Judge has committed error on record observing this fact that the informant is not legally wedded wife of the petitioner. Petitioner is husband of the informant and it is submitted on his behalf that he is ready to keep the informant with full honour and dignity but it is the informant who does not want to lead her conjugal life. It is further submitted on behalf that he has not solemnized his second marriage though there is specific case of the prosecution that the petitioner has solemnized his second marriage. In the aforesaid circumstances, the petitioner, namely, Digvijay Mishra is directed to be released on bail provisionally for the period of three months on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Shikarpur P.S. Case No. 286 of 2010 to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran. 2 It is made clear that after release of the petitioner from custody, the learned Chief Judicial Magistrate/trial court shall issue notices to the petitioner as well as informant fixing a date for reconciliation and shall take all possible steps to patch up the dispute of the parties. It goes without saying that if the Chief Judicial Magistrate,Bettiah/trial court succeeds in his attempt of reconciliation, the Chief Judicial Magistrate/trial court shall confirm the provisional bail granted to the petitioner but if Chief Judicial Magistrate,Bettiah/trial court fails in his attempt on account of non-cooperation or rigid approach of the petitioner, the trial court shall not confirm the provisional bail granted to the petitioner. It is also made clear that if the informant denies to lead her conjugal life with petitioner on the ground of solemnization of second marriage by the petitioner, that would be a valid ground for her denial. AKV/- ( Hemant Kumar Srivastava,J.)