IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43306 of 2010 Umesh Kumar Singh, son of Late Radhe Nand Singh, Resident of Naga Tola, Byapur, P.S. Maner, District-Patna, at present C/o Nagendra Prasad Singh, Advocate, resident of Mohalla- Nawada, P.S. Ara Nawada, District-Bhojpur …… Petitioner Versus The State Of Bihar ……………… Opp.Party. ----------- 2. 26.3.2011 Heard learned counsel for the petitioner. No one appears for the State. The petitioner prays for anticipatory bail in a case under Sections 120B, 406, 420, 323 and 498A of the Indian Penal Code. The petitioner is the husband of the complainant’s daughter. Learned counsel for the petitioner submits that it is the petitioner-husband who has been at the receiving end of the cruelty being meted out by the complainant’s daughter. It is submitted that the marriage had taken place on 25.6.2004 but the petitioner has been deserted by his wife and on failure of all attempts to bring her back he was compelled to file Matrimonial Case on 10.4.2006 for divorce on the ground of cruelty and desertion. It is submitted that the present complaint case has been filed as a counter blast nearly one year and four months after the said Matrimonial Case on 7.8.2007 with false allegations. It is submitted that a 2 Maintenance case has also been filed by the complainant. In both the Matrimonial case and Maintenance case attempt for re-conciliation was being made by the court below and the petitioner expressed his readiness to keep his wife with him but it is the wife who declined to come and stay with him. It is also submitted that in the present matter the petitioner was given the protection of provisional anticipatory bail for a long period of time by the court below and he never misused his said privilege. It is also submitted that the main allegation in the case is against co-accused Nagendra Prasad Singh and not against the petitioner. On a consideration of the entire facts and circumstances of the case, it is directed that the petitioner, Umesh Kumar Singh, in the event of his arrest/surrender within 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 in connection with Complaint Case No. 2255(C) of 2007 to the satisfaction of the Chief Judicial Magistrate, Patna, subject to the conditions laid down under Section 438(2) Cr.P.C. S.Pandey ( Ramesh Kumar Datta, J.)