IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38443 of 2009 ASHOK CHAUDHARY son of Harighosh @ Chadraghosh Chaudhary resident of village Narbirpur,P.S.,P.S.Chandi, Distt-Bhojpur. Versus STATE OF BIHAR 2. 23.11.2009. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in Chandi P.S.Case No.57 of 2009 for the offence punishable under sections 498A and 493 of the Indian Penal Code. This case arises from a complaint case instituted by the complainant bearing Complaint Case No.1119 © of 2009 which was subsequently registered under Section 156 (3) of the Criminal Procedure giving rise to the present application. Substance of allegation as set out in the first information report is that this petitioner induced the complainant into marriage and cohabited with her and thereafter he took her to Gujrat and there also, he stayed with her for a month and whereafter, the complainant went to her parents. It is alleged that subsequently, the complainant came to know that this petitioner has married some other girl. Learned counsel for the petitioner submits 2 that the inducement story has not been found true by the police and who has submitted the charge sheet under section 376 of the Indian Penal Code. He further submits that no offence is made out under section 376 of the Indian Penal Code and which has also been taken note by the court below who have stated that, prima facie, it appeared to be a case under Section 493 of the Indian Penal Code. Learned counsel for the petitioner denies the allegation and submits that for no reasons he is in custody since 23.3.2009. Having regard to the facts and circumstances of the case as set forth, let petitioner Ashok Choudhary be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in connection with Chandi P.S.Case No.57 of 2009, subject to conditions that one of the bailors would be his father and that the petitioner would be attending the court below on each and every date fixed and on failure on his part to attend the court below on two consecutive dates fixed without reasonable explanation to the 3 satisfaction of the court below, the court below shall be at liberty to initiate proceedings for cancellation of his bail bond and for taking him into custody. ahk (Jyoti Saran,J.)