IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9727 of 2009 UPENDRA KUMAR, SON OF MOHAN SINGH, RESIDENT OF VILLAGE – MANGABAR, POLICE STATION – NABINAGAR, DISTRICT – AURANGABAD (BIHAR) ......................................................... PETITIONER Versus 1. THE STATE OF BIHAR 2. Baijanti Devi, wife of Upendra Kumar, resident of village – Mangabar, Police Station – Nabinagar, District – Aurangabad, at present resident of village – Gogo, Police Station – Nabinagar, District – Aurangabad. Opposite Parties. ----------- 2 22.05.2009 Heard counsel for the petitioner and the State. Petitioner is the husband of the complainant. Offence is alleged under Sections 323 and 498 (A) of the Indian Penal Code. It has been submitted that with similar allegation earlier Complaint Case No. 584 of 2002 was filed in which the petitioner has been acquitted. Now the second complaint case has been lodged after ten years of marriage making the similar allegation. Considering the facts, prayer for anticipatory bail on behalf of petitioner, namely, Upendra Kumar is allowed. In the event of arrest or surrender within four weeks from today, the petitioner above named, will be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Aurangabad, in connection with Complaint Case No. 692 of 2006/Tr. No. 1447 of 2008, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Kundan (Mridula Mishra, J.)