IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22798 of 2009 Haidar Ali, Son of Late Abdul Samad @ Abdul Sahmad Miyan, Resident of village-Phursatpur, P.O.-Phursatpur, P.S.-Derhi, District-Saran. -Petitioner. VERSUS The State of Bihar -Opposite Party. ----------- 02 03.09.2009 The petitioner is the husband and apprehends his arrest in Complaint Case No.2047 of 2007 instituted under Section 498A of the Indian Penal Code. It is clear that the parties were married almost 20 years back (in the year 1990). The complainant alleges that her husband, petitioner has illicit relationship with his elder sister-in-law because of which the complainant was tortured and ultimately thrown out of the house. It is also submitted that no case under Section 498A is made out. It is simply a case of disgruntled wife. Petitioner states that petitioner has already divorced the complainant and for confirmation thereof has filed a suit before the Principal Family Judge being Divorce Case No.93 of 2007. Regrettably, the learned Sessions Judge tried to persuade the petitioner to take his wife back which is not possible. Confirmation of divorce proceedings has been filed and merely the petitioner refused because of wife’s bad behaviour. The application has been rejected. Be that as it may, in event of arrest/surrender within four weeks from to-day, the petitioner abovenamed shall be released on bail on his furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with - 2 - two sureties of like amount each to the satisfaction of Sri U.K. Yadav, J.M., Chapra in connection with Complaint Case No. 2047 of 2007 corresponding to Trial No.3376 of 2008, subject to all conditions as laid down in Section 438 (2) of the Criminal Procedure Code. Trivedi/ (Navaniti Prasad Singh, J.)