Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38743 of 2011 Nitesh Kumar @ Nippu @ Pappu Versus The State Of Bihar ---------------------------------- 3. 13.01.2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner being husband of the informant is in jail custody for more than 7 months in a case registered under Section 498-A/494 Indian Penal Code and of the Dowry Prohibition Act. Learned counsel for the petitioner submits that informant herself left her matrimonial home and started residing at her native place and after that petitioner filed a suit under Section-9 of the Hindu Marriage Act on 14.02.2011 and after that the present case has been filed. He further submits that the petitioner has never solemnized his second marriage and that is the reason the statement of so-called second wife of the petitioner has not been rerecord by the I.O. On the other hand, the learned counsel appearing for the informant submits that informant never left her matrimonial home voluntarily rather she was 2 rescued by the Police and after that she was taken to her native place. Moreover, she is ready to lead her conjugal life with the petitioner, if a settlement takes place between the parties. Considering the aforesaid facts and circumstances of the case as well as submissions of the petitioner, let the petitioner be released on provisional bail for the period of four months on execution of bail bonds of Rs. 10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M, Patna City, Patna in connection with Agam Kuan P.S. Case No. 178of 2011, subject to condition that petitioner shall appear before this Court on 03.02.2012 in person and on the aforesaid date the informant shall also appear before this Court in person. List this matter on 03.02.2012 at 04:30 P.M. in my chamber. (Hemant Kumar Srivastava, J.) Saif/-