IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45723 of 2009 SANJAY RAM @ SANJAY KUMAR RAM son of Bikram Ram @ Kashi Ram, resident of vill.-Gahiri Cutchery Tola, P.S.-Nautan, Distt.-West Champaran ------------Petitioner. Versus STATE OF BIHAR ------------- 3. 23.3.2010 Both petitioner (husband) and complainant (wife) are present in court. Heard the parties. Submission of the learned counsel for the petitioner is that complainant had illicit relation earlier to marriage with some one. For that a divorce case filed on behalf of the petitioner is pending in which prayer is made for D.N.A. test of the child and petitioner and if that tallies petitioner will accept his wife and that is the only difference in between the couple. As such, petitioner may be allowed anticipatory bail for a limited period till coming of the D.N.A. test report of the child and this petitioner in Divorce Case. In that view of the matter, in the event of arrest or surrender within a period of one month from the date of communication of this order the above named petitioner shall be released on bail up to the period till coming of the D.N.A. test report on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Bettiah, West Champaran, in connection with Complaint Case no.2712 C of 2007 , subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. After receipt of the D.N.A. test report complainant will have option to raise the matter in the Trial - 2 - Court and order of bail can be taken for extending the bail thereafter. Sudip ( Mandhata Singh, J. )