IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.1172 of 2011
DIGVIJAY MISHRA
Versus
THE STATE OF BIHAR
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3 03.03.3011 Heard learned counsel for the petitioner as well
as learned counsel for the state. None appears on behalf of
the informant.
Supplementary affidavit is filed stating this fact
that the learned Additional Sessions Judge has committed
error on record observing this fact that the informant is not
legally wedded wife of the petitioner.
Petitioner is husband of the informant and it is
submitted on his behalf that he is ready to keep the
informant with full honour and dignity but it is the informant
who does not want to lead her conjugal life. It is further
submitted on behalf that he has not solemnized his second
marriage though there is specific case of the prosecution
that the petitioner has solemnized his second marriage.
In the aforesaid circumstances, the petitioner,
namely, Digvijay Mishra is directed to be released on bail
provisionally for the period of three months on furnishing bail
bond of Rs 10,000/- (ten thousand) each with two sureties of
the like amount each in connection with Shikarpur P.S. Case
No. 286 of 2010 to the satisfaction of Chief Judicial
Magistrate, Bettiah, West Champaran.
2
It is made clear that after release of the petitioner
from custody, the learned Chief Judicial Magistrate/trial court
shall issue notices to the petitioner as well as informant
fixing a date for reconciliation and shall take all possible
steps to patch up the dispute of the parties. It goes without
saying that if the Chief Judicial Magistrate,Bettiah/trial court
succeeds in his attempt of reconciliation, the Chief Judicial
Magistrate/trial court shall confirm the provisional bail
granted to the petitioner but if Chief Judicial
Magistrate,Bettiah/trial court fails in his attempt on account
of non-cooperation or rigid approach of the petitioner, the
trial court shall not confirm the provisional bail granted to the
petitioner. It is also made clear that if the informant denies to
lead her conjugal life with petitioner on the ground of
solemnization of second marriage by the petitioner, that
would be a valid ground for her denial.
AKV/- ( Hemant Kumar Srivastava,J.)