IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34380 of 2010 MAHANAND THAKUR & ORS Versus STATE OF BIHAR & ANR ----------- 02/ 10.11.2010 Heard learned counsel for the petitioners as well as learned P.P. for the State assisted by learned counsel for the complainant. Complainant claims that she is the second wife of petitioner no.1 and her marriage was solemnized in the year 1990 with petitioner no.1 and subsequently, she gave birth to four children out of the aforesaid wedlock but she was subjected to cruelty and harassment by petitioners on account of illegal demand. Learned counsel for the petitioners submits that the complainant is not legally wedded wife of petitioner no.1 and, as a matter of fact, she is wife of one Dev Yadav. To substantiate the aforesaid contention he filed supplementary affidavit as well as voter list. On the other hand, learned counsel for the complainant claims that the complainant is legally wedded wife of petitioner no.1. Considering the above stated circumstances as well as submissions of the parties, petitioner nos. 2 and 3, namely, Anju Devi and Mirtunjai Kumar @ Mirtunjai Thakur who happen to be wife and son of petitioner no.1, in the event of their arrest/ surrender within 30 days from the date of communication of the order be released on bail in connection with Complaint Case no. 3106 of 2009 on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Katihar subject to condition as laid down under section 438(2) of the Cr. P.C. 2 So far as petitioner no.1 Mahanand Thakur is concerned, he is directed to surrender and seek regular bail before the learned court below within thirty days from today and if he surrenders before the learned court below, in that event, the learned court below shall release him on bail provisionally for two months and shall also issue notice to the complainant and this petitioner fixing a date for reconciliation. Furthermore, the learned court below shall take effective steeps for reconciliation of the dispute of the parties and if the learned court below succeeds to patch up the dispute of the parties then, in that event, provisional bail granted to petitioner no.1 must be confirmed by the court below itself and if the learned court below fails in its attempt in reconciliation then the learned court below shall be at liberty to pass appropriate order in respect of the prayer for bail of petitioner no.1. shahid (Hemant Kumar Srivastava,J))