IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55664 of 2007 SANJAY MAHTO, S/o late Rama Nand Mahto, resident of Village – Sultanganj, P.S. – Amanaur, District – Saran at Chapra. ….. Petitioner. Versus 1. THE STATE OF BIHAR. 2. RADHIKA DEVI, D/o Sri Subhash Mahto, resident of village – Nandanpur, P.S. – Taraiya, District – Saran at Chapra. ….. Opp. Party. ----------- 10/ 30.03.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a complaint case registered for the offence under Sections 498A, 323 of the Penal Code and Section 4 of the Dowry Prohibition Act. It is submitted on his behalf that O.P. No. 2 to whom he was married is a eunuch and cordial matrimonial relationship with O.P. No. 2 is not possible. Let the petitioner Sanjay Mahto surrender in the court below within four weeks from today and thereafter notice be issued to O.P. No. 2 and once O.P. No. 2 appears she be subjected to medical examination and if she found to be a eunuch, then the petitioner be admitted to the privilege of bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Saran at Chapra in connection with Complaint Case No. 1692 of 2005/ Trial No. 3217 of 2007, failing which he be taken into custody and appropriate orders in accordance with law be passed. Until the medical examination is completed, no coercive steps be taken against the petitioner. - 2 - Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. DKS/ (V.N. Sinha, J.)