IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 2481 of 2010 Abhinav Kumar Himanshu @ Parsuram Yadav, son of Rajaram Yadav, Resident of village – Giyantola, P O – Pachoir, P S – Sahebpur Kamal, District – Begusarai - Petitioner Versus 1 State of Bihar 2 Daulat Devi (wife of Abhinav Kumar Himansu @ Parsuram Yadav), daughter of Bindeshwari Yadav, resident of village and Post – Lagar, P S – Parbatta, District – Khagaria - Opposite parties ----------- 4 25.05.2010 The petitioner is the husband who apprehends arrest in Complaint Case 225 C of 2009 for offences punishable under Section 498A of Indian Penal Code read with Section 4 of Dowry Prohibition Act as pending before the learned Subdivisional Judicial Magistrate, Khagaria. Complaint was instituted on 26.02.2009. Petitioner states that though the petitioner and the complainant were married in the year 2005, as the complainant had wilfully deserted him on 09.05.2007, he had filed a Divorce Suit being Divorce Suit No 37 of 2007 before the Principal Judge, Family Court, Begusarai. All efforts to serve notice having failed, substituted service was resorted and ultimately the decree of divorce was passed ex parte on 28.04.2009 which has now been recalled. It is stated that the complainant, finding that the decree of divorce was eminent, on 26.02.2009, filed the present complaint. Having considered the matter, the petitioner abovenamed is directed to surrender before the Court below within four weeks from today and if he does so, he shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like 2 amount each to the satisfaction of Subdivisional Judicial Magistrate, Khagaria in Complaint Case No 225 C of 2009 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)