IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10523 of 2010 2 27.4.2010 Tamkin Ahmed, son of Hazi Mahfilur Rahman, resident of village Azamnagar, South Tola, PS Azamnagar, District Katihar ....... Petitioner VERSUS The State of Bihar ...... Opposite Party ------- Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the complainant. Learned counsel for the complainant wanted some time to file Vakalatnama but on that ground it was not deemed proper to adjourn this matter and hence, he has been heard. On behalf of the petitioner it has been submitted that even in the complaint petition it is admitted that petitioner is a deaf and dumb person. It has further been submitted that after spending few days at the first instance, his wife, the complainant, deserted him and after considering the entire situation, on 7th July, 2009 by a registered post petitioner sent a Talaqnama by mentioning in writing that he had divorced the complainant by pronouncing Talaq thrice. It has further been submitted that it was only after a week of sending of the Talaqnama by registered post, that this complaint case was lodged alleging 2 torture etc. to make out an offence under Section 498A and other sections of the IPC. Considering that petitioner is admittedly a deaf and dumb person and other circumstances, his prayer for anticipatory bail is allowed. In the event of arrest or surrender within six weeks, petitioner, Tamkin Ahmed, shall be released on bail on furnishing bail bond of Rs.7000/- with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Katihar in connection with complaint case no.C.A.2175/2009. (Shiva Kirti Singh,J.) sk