IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48399 of 2008 NITYAM KUMAR Versus STATE OF BIHAR ----------- 2. 5.12.2008 Heard Mr. Avinash Kumar Singh, learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. There is no dispute in the fact that the petitioner was married to the complainant on 13.12.2006. It is also admitted that the petitioner as also the complainant are better placed in their respective lives, the petitioner is working as an Assistant General Manager in Industrial Development Bank of India, whereas the wife is in the rank of Agricultural Extension Officer in the Vijaya Bank and is posted somewhere in Hariyana. The petitioner is posted at Gwalior. The other admitted fact which could be gathered from the facts and circumstances in the light of the two is that while the petitioner hails from Madhyapradesh and the lady complainant is the resident originally from Bettiah as also of Patna. It is also admitted that they are well trained persons in their own affairs and they could be major one in taking their decisions. It is also not disputed that the petitioner has his mother, a widow, who is said to be suffering from serious ailment and lives away from the petitioner and that the lady and the petitioner live separately from each other at their respective places of vocation. The allegation in the above background comes from the wife that she was pressurizing to bring a car valued about Rs.6 lacs from her father then she would be allowed to have the status of the - 2 - wife. Hence, the petitioner could marry another lady and kick out the complainant from her matrimonial house. It is alleged that not getting the demand fulfilled, the lady was ill-treated and tortured and after being deprieved of ornaments and other belongings, she was thrown out of her matrimonial house. The F.I.R. was lodged on the basis of the compliant of the lady. The contention is that the police found that the implication of the mother of the petitioner was false. Further it is found that the allegation could be true. The contention further is that it is not that the petitioner was ill-treating the lady rather the lady was mentally torturing the petitioner by transmitting SMS messages through her mobile phone on the cellular phone of this petitioner which could speak of the inclination of the lady to get divorce from the petitioner. Not only the lady was torturing the petitioner by sending SMS indicating that she was not desirous to come to Gwalior as the petitioner did not have any society there. She sent various SMS in torturing tenor. Learned A.P.P. was resisting the prayer for bail and impressed upon the Court that the allegations are serious , as such, it was desirable for looking to the case diary. Having heard the learned counsel for the petitioner and having perused the petition and the context of the SMS which have been extracted at page-14 of the petition which also appears placed before the learned A.P.P. during hearing of the bail petition before me, I find that it could be a case in which the petitioner - 3 - deserves to be released on bail. Let petitioner named above 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 C.J.M., Bettiah, in connection with Bettiah(T) P.S. case no.238 of 2008. sudip ( Dharnidhar Jha,J )