IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44156 of 2009 KALCHANIYA,w/o Habib Mian of vill.- Musharmian Tola, Pipra, P.S.-Darpa, Dist.-East Champaran. Versus THE STATE OF BIHAR ----------- 02/ 11-01-2010 Heard learned counsel for the petitioner and the State. Submission of the learned counsel for the petitioner is that the matter concerns with two Sautans in which also petitioner only is entitled for being declared exclusively wife of informant’s husband. In any case that never comes within the definition of 498A of the Penal Code. Informant’s case is that petitioner was married first, informant married thereafter. Husband divorced this petitioner and again he is keeping her and torture if committed or petitioner was married after divorce of the informant and only to pressurize this case has been lodged never differs the matter for rejection of anticipatory bail. In the suggested facts and circumstances, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from the date of receipt/production of a copy of this order in Darpa P.S.Case No.13 of 1999, the above named petitioner shall 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 the S.D.J.M., Raxaul at Motihari, East Champaran, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )