IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1855 of 2010 AWINASH MISHRA @ MUNNA MISHRA, son of Sri Bhulan Mishra, resident of village Distauliya tola Pitaujhiya, P.S. Kathaiya, District Muzaffarpur. Versus 1.STATE OF BIHAR 2.Smt. Baby Mishra, wife of Awinash Mishra @ Munna Mishra, resident of village Distauliya Tola Pitaujhiya, p.S. Kathaiya, District Muzaffarpur, presently resident of village Panchmidiya, P.S. Baruraj, District Muzaffarpur. ----------- 2 22-02-2010 Heard counsel for the petitioner and counsel for the State. Cruelty alleged against the husband-petitioner for the offence under section 498 A of the Indian Penal Code is apparent on the face of the material when it is said that the petitioner had driven away the complainant-opposite party no.2 from her house and the petitioner had married again in the life time of first wife (Complainant) and is also having issue from his second wife. In that view of the matter, prayer of counsel for the petitioner that a chance should be given by issuing notice to the complainant would actually be an exercise in futility. No respectable woman would like to live in the company of another wife who has got no recognition under law. That being so, prayer for anticipatory bail of the petitioner is rejected. Abhay Kumar ( Mihir Kumar Jha, J.)