IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5406 of 2009 SMT.BIGANI DEVI @ SAVITRI DEVI, W/O Binod Yadav, D/O Sri Adya, resident of Village+ Naraipur, P.S.- Bagaha, District- West Champaran, at present residing at Parsa, P.S.- Bagaha, District- West Champaran……………….petitioner. Versus 1. The State of Bihar. 2. Binod Yadav S/O Dhandhar Yadav, resident of Village- Naraipur, P.O.-Naraipur, P.S.-Bagaha, District- West Champaran. 3. Kamlesh Yadav, S/O Kishore Yadav, resident of Village-Naraipur, P.S. Bagaha, District- West Champaran……..Opposite Parties. ----------- 4. 29.4.2009. Heard counsel for the petitioner and the State. This application has been filed by the petitioner for cancellation of anticipatory bail granted to opposite party no. 2, Binod Yadav in Cr. Misc. No. 22344 of 2008. Her further prayer is for taking into custody Kamlesh Yadav for swearing false affidavit. Anticipatory bail was granted to Binod Yadav (petitioner in (Cr. Misc. No. 22344 of 2008) considering the submissions made by the petitioner’s counsel that the complainant is not the wife of Binod Yadav rather of Kamlesh Yadav. Complaint case has been filed by the complainant under Sections 498A and 494 of the Indian Penal Code. Considering the fact that though complainant claims to be the wife but petitioner is not accepting her as his wife, that is the reason that the complaint case has been filed. If such statements are made, it can not be treated as a false statement made on affidavit rather it is the defence of the petitioner. Binod Yadav denying the allegation under Sections 498A and 494 of the Indian Penal Code. I do not find any reason for cancelling the anticipatory bail - 2 - order dated 01.07.2008 passed in Cr. Misc. No. 22344 of 2008 granted anticipatory bail to Binod Yadav Opposite party no.2, and passing any order for arrest of Kamlesh Yadav. This application is dismissed. U.K. (Mridula Mishra,J)