IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12136 of 2010 DILIP KUMAR JHA SON OF LATE DWARIKA NATH JHA, RESIDENT OF VILLAGE KOELAKH, P.S.RAJNAGAR, DISTRICT MADHUBANI ----- PETITIONER. Versus STATE OF BIHAR--- OPP. PARTY. ----------- For the petitioner: M/S Ranjan Kumar Jha with Subhash Kumar Jha, Advocates. For the State : Mr. R.Singh Shastry, Addl. P.P. ----- 2/ 04.05.2010 Heard the parties. In a criminal prosecution, for offence under sections 498A, 379 and some other allied offences under the Indian Penal Code, the petitioner happens to be husband of the complainant/ Informant- Sarita Devi. It is submitted by learned counsel, appearing for the petitioner, that the original complaint petition filed by the complainant was sent to the police in terms of section 156( 3 ) Cr.P.C., giving rise to Rajnagar P.S. Case No. 182 of 2007, dated 22.08.2007. On close of investigation, the police submitted final report, vide Annexure-2, as the accusation against the petitioner was not found to be supported by the independent witnesses and, therefore, the petitioner was not charge-sheeted. However, protest petition, filed by the complainant, was treated as complaint and after enquiry under section 202 Cr.P.C., cognizance has been taken against the petitioner and, therefore, he apprehends his arrest in the present case. - 2 - Taking into consideration the fact that accusation against the petitioner was found to be false during course of investigation by the police and cognizance has been taken on the basis of protest petition, in that view of the matter, 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 bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of C. J. M., Madhubani in connection with Complaint Case bearing C.R.No. 1783 of 2008 ( G.R. No. 1797 of 2007) , arising out of Rajnagar P.S. Case No. 182 of 2007, T.R. No. 846 of 2009, subject to the conditions as laid down under section 438(2) of the Cr.P.C. ( Birendra Prasad Verma, J ) BTiwary/