IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22101 of 2008 PRABHAT KUMAR Versus 1. STATE OF BIHAR 2. SUNITA DEVI For the petitioner : Mr. Arun Kumar, Advocate For the State : Mr. R.P.Singh, A.P.P. For the O.P. No. 2 : Mr. K.K. Singh, Advocate. ----------- 5 14.01.2009 Heard both sides. The petitioner seeks regular bail in a case instituted under section 498A Indian Penal Code. The petitioner is the husband. It appears that under order dated 9.6.2008 having regard to the submission advanced on behalf of the petitioner, this court granted him provisional bail for a period of 6 weeks. Counsel for the petitioner, by filing supplementary affidavit, states that the petitioner has now surrendered in the Court on 2.9.2008. Referring to the statement made in paragraph nos. 5 and 6 of the complaint, it has been submitted that the dispute had arisen on account of the share of the brothers in a particular property (shop). Counsel for the opposite party submits that no effort has been made to amicably settle the matter . On the contrary, it has been submitted that the petitioner has threatened her for not having withdrawn the present proceeding. Having regard to the submission and after going through the complaint, this Court is of the view that there is a - 2 - dispute between the parties over partition/share in certain family property. Counsel for the petitioner rightly submitted that allegation in this regard is directly against the mother of the petitioner who has been granted privilege of bail. Having considered the entire facts and circumstances, this court is now persuaded to enlarge the petitioner on bail. Let petitioner abovenamed be released from custody on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Gaya in connection with Complaint case no. 823/07 ( Tr. No. 1850/07) subject to the condition that one of the bailers will be own family members of the petitioner. In case of any incidence of misuse of privilege of bail, the complainant is free to bring the same to the notice of the learned Court below in seisin of the matter for taking appropriate action in accordance with law. pkj (Kishore K. Mandal, J)