IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21518 of 2009 MD.WAHAW @ MD.WAHAB Versus STATE OF BIHAR ----------- 2 07.07.2009 Heard both sides. The sole petitioner seeks bail in a case instituted under Sections 323,354,380,448, 506/34 of the Penal Code. It is contended that the wife is in the habit of lodging case against the petitioner, who is husband. Initially in the year 2003 a complaint was lodged under Section 498A of the Penal Code. Subsequently in the year 2005 another complaint was lodged under Section 323 and 380 of the Penal Code. Now in the year 2006 the present complaint was lodged which was however, sent to the police for institution of the case and investigation. It is submitted that the police upon conclusion of investigation did not send up the petitioner. On the basis of protest he is facing prosecution. Learned counsel for the complainant submits that the petitioner has not paid a single farthing in spite of the specific order passed on an application preferred by the complainant under Section 125 of the Cr. P.C. Having regard to all the facts and circumstances of the case, petitioner above named, is directed to 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 the 2 Judicial Magistrate, Saharsa in connection with complaint case (Protest)No. 174C/ 2008, subject to the condition that petitioner shall deposit a sum of Rs. 5,000/- ( five thousand) towards the maintenance of the complainant and produce receipt thereof alongwith the bail bonds. It is made clear that such payments, if made, may be withdrawn by the complainant towards her maintenance. Payment so made shall be without prejudice to the rights/claims of either parties. Sym/ (Kishore K. Mandal, J.)