1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28156 of 2011 Jogendra Paswan S/o Munarik Paswan, R/o Village- Dhundha, P.S. Amba, District-Aurangabad (Bihar). --Petitioner Versus 1. The State Of Bihar 2. Kalma Devi, W/o Yognedra Paswan, R/o Village-Hasauli, P.O. Kunda, P.S. Aurangabad (Muffasil), District- Aurangabad. --Opp.Party 5 07.12.2011 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the informant. Petitioner is one of the named accused in this case being husband of the complainant with allegation of demand of dowry, torture etc. and also threat to have another wife. Submission is that it is the complainant opposite party no.2 who herself has married with another. Learned counsel appearing on behalf of opposite party expresses her inability to refute such allegation inspite of trying her level best and getting adjournments one after another. Considering the facts and circumstances, 2 the petitioner, on filing an application before the court below stating details of second marriage of opposite party no.2 and as stated denying his having another wife, in the event of arrest or surrender within four weeks, is directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge, Aurangabad, in Complaint Case no. 1128 of 2008, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that petitioner shall remain present before the court below till disposal of the case. In case of failure to remain present on two consecutive dates without reasonable explanation, the privilege granted shall be deemed to be cancelled. AAhmad ( Akhilesh Chandra, J.)