IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7456 of 2010 Tarkeshwar Nath Mishra, son of Sri Krishnanand Mishra, R/o Village- Dubey Batarahan, P.S. Phulwaria, District- Gopalganj. …………………………………….Petitioner. Versus The State of Bihar. ………………………Opposite Party. ----------- 2. 18. 03. 2010. Heard Mr. Naresh Dikshit, learned counsel for the petitioner and Mr.Mritunjay Kumar Nirala, learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in a complaint case in which cognizance has been taken under Section 498 A of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that originally the complainant had filed a Complaint Case No. 2277/04 on 15. 12. 2004 in the court of learned Chief Judicial Magistrate, Gopalganj. In exercise of power under Section 156(3) Cr.P.C. he sent the copy of complaint petition to the Police with a direction to institute a case and submit Final Form after investigation. Accordingly on receipt of copy of complaint petition, Phulwaria P.S. Case No. 5 of 2005, dated 09. 01. 2005 was registered by the Police against the accused persons including the petitioner under Section 498 A/120B of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. However, on close of investigation, Investigating Officer 2 found the allegations against the petitioner and other accused persons to be false and submitted Final Report dated 25. 09. 2006, vide Annexure-2. In the meantime, the complainant filed a Protest Petition as contained in Annexure-1 to the petition. Learned Magistrate while accepting the Final Report vide Annexure-2 treated the Protest Petition vide Annexure-1 as complaint petition and proceeded in the matter. Subsequently, he took cognizance only against the petitioner under Section 498 A. Learned counsel for the petitioner further submits that a Matrimonial Suit for divorce is also pending between the petitioner and the daughter of the complainant, namely, Bina Devi. It is also submitted that in the aforesaid background there is no chance of restitution of matrimonial relationship between the petitioner and his wife, Bina Devi. It has also been pointed out that during the course of investigation, the aforesaid Bina Devi was found having affairs with another person. Be that as it may, in the facts and circumstances of the case, the petitioner, namely, Tarkeshwar Nath Mishra, in the event of his arrest/surrender within a period of four weeks from today, shall 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 Shri Rajesh Kumar Shukla, Judicial Magistrate, First Class, Gopalganj, in connection with 3 Complaint Case No. 2060/2006, Trial No. 2124/2008, subject to the conditions as laid down under Section 438(2) of Cr.P.C. m.p. (Birendra Prasad Verma,J.)