IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39639 of 2010 Rajesh Kushwaha, Son of Raja Ram Kushwaha, resident of Village- Bhawanipur, Police Station- Sahodara in the district of West Champaran --------------------- Petitioner Versus 1. THE STATE OF BIHAR 2. Phulpati Devi wife of Rajesh Kushwaha, D/O Ramtapashya Kushwaha, resident of Village- Rajpur Lal Kothi, Police Station- Sahodara in the district of West Champaran ---------- Opp.Parties. ----------- 03 26-03-2011 Heard Sri Bimlesh Kumar Pandey, learned counsel for the petitioner and Sri A.M.P.Mehta, learned Addl. Public Prosecutor. In this case, earlier notice was issued to Opp.Party no.2 and despite valid service of notice she has chosen not to appear. The petitioner , who is the husband of Opp.Party no.2, has prayed for grant of anticipatory bail in S.C. No.519 of 2010 arising out of Complaint Case No.3330 of 2008 registered for the offence under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. Learned counsel for the petitioner, while referring to Annexure-2 to the petition , submits that in the year, 2007 itself he had filed an informatory petition in the court of Sub Divisional Magistrate , Narkatiyaganj , West Champaran apprehending that there is possibility for false implication by Opp.Party no.2. In view of the facts and circumstances of the case, let the petitioner above named be enlarged on bail in the event of his arrest or surrender before the court below within one month from today on furnishing bail bond of Rs.10,000/- ( ten thousand) with 2 two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Bettiah, West Champaran in connection with S.C. Case No.519 of 2010 ( arising out of Complaint Case No.3330 of 2008) subject to the condition laid down in Section 438 (2 ) of the Code of Criminal Procedure. NKS/- ( Rakesh Kumar,J.)