IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.2153 OF 2010 SAHJANAND SINGH, SON OF SHRI VIDYA NAND SINGH, RESIDENT OF MOHALLA SHANTI NAGAR COLONY, POLICE STATION DANAPUR, DISTRICT PATNA VERSUS THE STATE OF BIHAR ********** 2 21/01/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is apprehending his arrest in a case under Sections 498A, 494, 323/34 and 307 of the Indian Penal Code. The petitioner who is the husband and happens to be a lawyer practicing in Civil Court, Danapur has a dispute with his first wife which has resulted in to filing of one complaint petition after the other. A complaint petition being Complaint Case No. 285 (C) of 2002 was filed in which the petitioner was ultimately granted anticipatory bail on statement being made by the son and daughter of the petitioner who are adults that they are being maintained by their grandfather and they have no grievance against the petitioner. Another case being Danapur Police Station Case No. 523 of 2004 was filed by the present complainant, the first wife, alleging therein that she is being tortured by her husband and he is not 2 maintaining her. In this proceeding also, children of the petitioner had come to the Court and they have stated in the open Court that their mother and they are living with their grandfather and are maintained by the grandfather. Third case being Maintenance Case No. 71 (M) of 2002 was filed before the Principal Judge. The petitioner has deposited Rs. 60,000/- in the Fixed Deposit in the name of the petitioner and the complainant of the present case. But the maintenance case has been dismissed for non-prosecution of the case by the complainant/informant. Ultimately, this case has been filed in which again it has been alleged that the complainant is being tortured by her husband and she is not being granted maintenance by him. The order sheets, Annexure- 2, 2/A and 3 indicate that the children of the petitioner have admitted that they are being maintained by their grandfather i.e. father-in-law of the present complainant and are receiving all expenses from their grandfather. They denied the allegations of assault by this petitioner to their mother. Be that as it may, the above named petitioner is directed to be released on anticipatory bail in the event of his arrest/surrender before the Court below within a period of six weeks from today in Danapur 3 Police Station Case No. 367 of 2009 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Danapur subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J.)