IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.337 of 2011 TAPAN KUMAR KUSHWAHA, SON OF SRI THAKUR DAYAL KUSHWAHA, RESIDENT OF VILLAGE-MADHNA MAL, P.S.-GORAUL, DISTRICT-VAISHALI Versus THE STATE OF BIHAR ----------- 2. 17.01.2011 Heard learned counsel for the petitioner and learned counsel for the State. This is an application for anticipatory bail in Complaint Case no. 890 of 2009 arising out of Trial No. 2057 of 2010 for the offence under Section 498A of the Indian Penal Code and under Section ¾ of the D.P. Act filed by the complainant who is the wife of the petitioner. It is submitted on behalf of the petitioner that Goraul P.S. Case no. 53 of 2009 was lodged by the father-in-law of the complainant under Section 364/366 of the Indian Penal Code. However, the complainant was recovered from her Naihar and in her statement under Section 164 of the Code of Criminal Procedure she has stated that she had gone to the house of her maternal uncle. It is further submitted that prior to the lodging of the case the petitioner had filed a case for divorce against the complainant on the ground of adultery. Hence it is stated that petitioner has falsely been implicated. Having regard to the fact and circumstance of the case, the petitioner above named, in the event of surrender/arrest in the court below within four weeks from the date of receipt of a copy of this order, shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Muzaffarpur in connection with Complaint Case no. 890 of 2009 arising out of Trial No. 2057 of 2010 subject to the 2 conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. Amit ( Gopal Prasad, J.)