IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51616 of 2008 KABBU YADAV Versus STATE OF BIHAR ----------- 3. 19.5.2009 Heard. As may appear from the allegations the lady was the mother of three children and she appears eloping with one of the accused Nawal Yadav. The lady also appears filing a case against her husband. The contention is that it could not be a case under Section 366 of the Penal Code and at best it could be a case under Sections 497 and 498A of the Penal Code. Regard being had to the above facts and circumstances, let the above named petitioner be released from custody either in the event of his arrest by the police or surrender in the court below on furnishing bond of Rs.5,000/-(five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in Rajoun P.S.Case No.58 of 2008, subject to the condition as laid down under Section 438(2)of the Cr.P.C. B.Kr. ( Dharnidhar Jha, J. )