Guddu Kamkar @ Guddu Kharwar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 30699 of 2014 Arising Out of Complaint Case No. -964 C Year- 2010 Thana -BUXAR COMPLAINT CASE District- BUXAR =========================================================== Guddu Kamkar @ Guddu Kharwar S/o Tribeni Kharwar resident of village - Baur, P.O. Akhtiyarpur, P.S. Karaghar, Distt. - Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Parmila Devi W/o Guddu Kharwar D/o Gopal Kamkar Resident of village - Kathrain, P.O. Manikpur, Distt. - Buxar.

.... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 10-02-2016 Heard learned counsel for the parties.

Pursuant to order dated 03.02.2016, the petitioner and the opposite party no. 2 are also present. The petitioner admits that he has married another woman but takes a categorical stand that he shall keep the opposite party no. 2 and the four children born out of the wedlock with him with full dignity, honour and security and shall also provide for all their needs. The opposite party no. 2 is also ready for such an arrangement.

Though the Court is of the view that the petitioner having married another woman without dissolving the first marriage moreso when there were four children born to him, does not deserve any sympathy, but in view of the opposite party no. 2 herself agreeing to go and live with the petitioner, in the larger interest of the family, in order to safeguard their future, let the petitioner and the opposite party no. 2 appear before the Court

Patna High Court Cr.Misc. No.30699 of 2014 dt.10-02-2016 2/2 below on 15th February, 2016 along with a copy of this order when the petitioner shall give an undertaking to the Court that he shall keep the opposite party no. 2 and her four children with him with full dignity, honour and security and shall also provide for all their needs. The petitioner shall also undertake not to object or cause any hindrance in the opposite party no. 2 talking to or meeting her relatives as and when she desires. The Court below shall fix dates every month in the case when the petitioner and opposite party no. 2 shall appear and the Court shall record a finding with regard to the relationship. If after nine months, the Court finds that the relationship has been restored, the provisional bail granted to the petitioner shall be confirmed.

If there is any violation of the terms and conditions of the undertaking or the opposite party no. 2 feels harassed or threatened either by the petitioner or his family members, she shall be at liberty to file an application before the Court below. If such an application is filed, the Court concerned, upon hearing the parties shall proceed to pass appropriate orders including cancellation of the bail bonds of the petitioner. The liberty granted to the opposite party no. 2 shall continue even after the bail of the petitioner in the present case has been confirmed.

The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J.) P. Kumar U T