IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33393 of 2008 SATISH KUMAR Versus STATE OF BIHAR ----------- 6. 5.12.2008 Heard Sri Tarakant Jha, Senior Advocate for the petitioner, Sri Sidhendra Narayan Singh, Advocate for the Informant and the learned A.P.P. for the State. The informant claims getting married to the petitioner because the couple developed liking for each other. It is alleged that after coming to the house of the petitioner his family members started placing a demand of Rs.50,000/- to be brought from her mother and the family members indeed paid Rs.25,000/- so as to purchasing peace for the lady. The lady stated that she, in the meantime, knew that the petitioner was earlier married and his wife had died and that he had a son also from his first marriage. Not getting on well with the family members, the elder brother of the petitioner, it is stated, took the lady to Delhi where the petitioner was working in a company and accordingly a son was born to the lady from the wedlock. Again there was a demand of Rs.25,000/- for starting a coaching centre in - 2 - Patna and the amount was paid by her family members and accordingly, the coaching centre was opened. But, still the lady was being illtreated, tortured and ultimately expelled from her matrimonial house. Reference was made to some paragraphs of the case diary by learned senior counsel who submits that the lady was also married from before and that the lady was not ready to live with the petitioner and that the petitioner had never married her. It is contended that she has set up a fictitious plea of marriage and getting a son out of the wedlock and all allegations are false and concocted. It is further submitted that the lady has not alleged that anything was demanded by way of dowry that is as a matter of consideration for marriage. The learned counsel for the informant and the learned A.P.P. have opposed the prayer for bail and it has been contended that there is support of the allegations from the witnesses and there are certain documents also which could indicate that the lady was married to the petitioner. It was further contended that the lady has been rendered a destitute and as such - 3 - has taken shelter in the house of her sister. Regard being had to the allegations of illtreatment and torture, the court is not inclined to direct the release of the above named petitioner on bail. Petition is dismissed. However, if the petitioner files a petition before C.J.M. Patna in Kadam Kuan P.S.Case No.64 of 2008 expressing his intent of resolving dispute with his wife, i.e., the informant, the court below could issue a notice to the lady, both through Nazarat as also through police station within the jurisdiction of which the lady could be residing, fixing the date for her appearance on which date the present petitioner could also be produced before the court. The court below could devote some time to the spouses in his Chambers for making some serious efforts for reconciling the couple towards restoration of their usual married status. In case the petitioner takes back the lady unconditionally, with an undertaking further of according respect and dignity to the wife in that case as also in case the lady refuses to go with the petitioner for any - 4 - unacceptable reasons or puts up any stiff conditions by taking a very difficult position, which could not be appreciated by any reasonable man, then in that case the petitioner could be released by the court below itself on execution of a bond to his own satisfaction. In case of reconciliation between the parties the court below may himself or through any Magistrate assess the relationship by calling upon both of them to the court or to the Chamber of the officer on every two months and if it is found after a period of two years of such assessment that the relationship has cordially been cemented and that it is sailing on smoothly, the court below may take to disposition of the case on compromise. B.Kr. ( Dharnidhar Jha, J. )