IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46361 of 2008 TIPU SULTAN S/O-Late Noor Mohammad, R/O-Mohalla-Killa, P.S.-Sasaram, Distt.-Rohtas. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 2/ 02.02.2009 Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of the State and learned Counsel for the complainant. The petitioner is husband of the complainant and accused of a case which has been registered under Section 498A of the Indian Penal Code. Submission is that prior to the filing of the present case the petitioner has divorced his wife before the Religious Court. After that divorce the petitioner has filed a petition for dissolution of his marriage. So, the relationship of the husband and wife is ceased. Prayer for bail of the petitioner has been opposed by learned Counsel for the complainant. Considering the fact that divorce has been affected prior to the filing of the present case and the parties are covered by Muslim Law, the petitioner Tipu Sultan is directed to surrender before the Court below within a period of twenty days from the date of receipt/production of a copy of this order and on his so surrendering he shall be released on bail on furnishing - 2 - bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Patna City in connection with Complaint Case No. 815 of 2007, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. kksinha/ (Shyam Kishore Sharma, J.)