IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12059 of 2010 RAVINANDAN MISHRA SON OF LATE MAHENDRA MISHRA, RESIDENT OF VILLAGE TUMOURIYA, P.S. LAKHNOUR, DISTRICT MADHUBANI. --- PETITIONER. Versus 1. STATE OF BIHAR 2. SMT. SMITA MISHRA DAUGHTER OF INDRANATH JHA, RESIDENT OF VILLAGE BHATPURA, P.S. MANIGACHI, DISTRICT DARBHANGA, AT PRESENT RESIDENT OF VILLAGE TAMURIA, P.S. LAKHNAUR, DISTRICT MADHUBANI. ----------- For the petitioner : Mr. Prem Kumar Jha, Advocate. For the State : Mr. Nawal Kishore Prasad, A.P.P. -------- 2/ 30.04.2010 Heard the parties. In a criminal prosecution for offences under sections 498(A) and 307 of the Indian Penal Code, petitioner is said to be the husband of the complainant. It is submitted by learned counsel for the petitioner that present complaint petition was filed on 19.12.2006, which is apparent from a perusal of complaint petition vide Annexure-1, and prior to filing of the complaint petition the petitioner had already filed a suit for divorce under section 13(1) of the Hindu Marriage Act, giving rise to H.M.A. No. 308 of 2006. The aforesaid matrimonial suit for divorce has already been decreed by learned Additional District Judge, KKD Courts, Delhi. Apparently the relationship of wife and husband between the complainant and the petitioner has come to an end. It is further highlighted that the present complaint petition, vide Annexure-1, was filed by way of retaliation of the - 2 - matrimonial suit filed by the petitioner earlier. Taking into consideration the aforesaid facts and circumstances of the case, in the event of his arrest or surrender in the court below within a period of four weeks from today, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of S.D.J.M., Jhanjharpur ( Madhubani) in connection with C.R.No. 966 of 2006, dated 19.12.2006, subject to conditions as laid down under section 438(2) of the Cr.P.C. ( Birendra Prasad Verma, J ) BTiwary/