IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5076 of 2009 ---- Md.Murtuza son of Md. Id. Mohammad of village-Milik Mathana, P.S. Cheharakala, District Vaishali. -- Petitioner. Versus 1. The State of Bihar. 2. Jaibun Nisha wife of Md. Murtaza daughter of Md. Alaullah. Presently residing at village Dihuli P.S. Sakara, District- Muzaffarpur. -- Opposite Parties. ----------- 02. 15.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioner, who is an accused for offences punishable under Section 498A of the Indian Penal Code. Learned counsel for the petitioner submits that he is the husband of the complainant and the entire allegation is absolutely false and frivolous as he has been and in future he is also ready to keep his wife with proper care, affection and security. He further submits that the aforesaid case has been lodged due to confusion and instigation of the persons inimical to the petitioner’s family. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, petitioner, namely Md. Murtuza, shall be released on bail on furnishing bail bonds of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M.(East) Muzaffarpur in connection with Complaint Case No.1737 of 2007 (Tr.No.1844/09) subject to - 2 - the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Sunil (S. N. Hussain, J.)