IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33578 of 2008 DHANANJAY KUMAR, SON OF MADHESHWAR SHARMA, RESIDENT OF VILLAGE-HASANPURA, P.S.-SHAKURABAD, DISTRICT- JEHANABAD. Versus THE STATE OF BIHAR ----------- 2 24.10.2008 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 323, 498A, 379 and 484 of the Indian Penal Code as well as Section 3 and 4 of the Dowry Prohibition Act. Learned senior counsel for the petitioner submits that on the very night of the marriage it was detected by the petitioner that the lady was eunuch and incapable of co-habitation. Accordingly divorce suit was filed, namely, Matrimonial Case No. 22 of 2006 in the Court of District Judge, Jehanabad which is still pending for consideration. It is said that in retaliation to the same this Complaint Case has been filed. Petitioner is in custody since 19.5.2008. Learned Counsel for the petitioner has produced a copy of the plaint of the said Matrimonial Suit. After going through the averments 2 made in the said plaint of the Matrimonial Suit, this application is allowed. Let petitioner, namely, Dhananjay Kumar be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jehanabad in connection with Tr. No. 1329 of 2007/ Complaint Case No. 305 of 2006. Arvind/ ( J. N. Singh , J. )