IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34856 of 2010 RAJU SINGH s/o Saheb Singh,Resident of Village Taraiyan,P.S Taraiyan,District –Saran. Versus STATE OF BIHAR . ----------- 2 5.10.2010 The petitioner in custody since 16.6.2010 in relation to Taraiyan P.S case no. 07/2007 instituted under Section 498 (A) of the Indian Penal Code and section ¾ Dowry Prohibition Act. Petitioner is the husband of the informant. On behalf of the petitioner it is submitted that because of incompatibility the present case has been instituted after the wife came to know that the petitioner had filed a divorce case being Divorce Case no. 15 of 2008 before the Family Court, Chapra, Saran on 31.7.08 and it is only in retaliation, the complaint was lodged, which was later registered as the present case and the petitioner was taken into custody. The marriage has been broken down is the sufficient ground for grant of bail .While doing so, I would only observe that even the learned Sessions Judge has noted that the informant refused to live with the petitioner on the ground that the petitioner used to torture her. By keeping the petitioner in detention no purpose would be served, in fact, the relationship would only worse. In the facts and circumstances of the case, 2 let petitioner (Raju Singh) 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 learned C.J.M. ,Saran in connection with Taraiyan P.S. Case No. 07/ 2010. singh (Navaniti Prasad Singh, J.)