IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14699 of 2009 Rajesh Kushawaha, Son of Bashistha Kushawaha, Resident of Village- Kharauli, P.S.-Guthani, District-Siwan. -Petitioner. VERSUS 1. The State of Bihar. 2. Radhika Devi, Wife of Rajesh Kushwaha, D/o-Rambriksha Kushwaha, Resident of Village-Parasiyan Bujurg, P.S.-Mairwa, District-Siwan. -Opposite Parties. ----------- Counsel for the Petitioner : Mr. Ajay Kumar Pandey, Advocate. --------- 03 16.07.2009 The petitioner is husband and apprehends arrest in Complaint Case No. 2744 of 2008 for offence under Section 498A of the Indian Penal Code. The complaint has been lodged by the petitioner’s wife alleging that the petitioner and other family members have been demanding money and motorcycle for which they had attempted to burn her. The complainant left her house and stayed in the Maikya. Learned counsel for the petitioner has stated that the petitioner on her own accord has abandoned the house for which the petitioner had filed a matrimonial case on 06.11.2008 for restitution of his conjugal rights. It is in retaliation to that the present complaint has been filed on 10.12.2008. In the complaint itself it is admitted that the marriage took place on 24.06.2002, the allegation of attempt to burn is coming more than 6 years after the marriage. The incident is of 25.02.2007 almost two years prior to the complaint. In the facts and circumstances of the case, if the abovenamed petitioner surrenders before the Court below within four weeks from today he shall be released on bail on his furnishing bail bonds of Rs. - 2 - 10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of S.D.J.M., Siwan in connection with Complaint Case No. 2744 of 2008, Tr. No. 3381 of 2009, subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code. Trivedi/ (Navaniti Prasad Singh, J.)