IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.760 of 2010 MUKESH KUMAR UPADHAYAY @ MINTU UPADHYAY Son of Narsing Upadhyay, resident of village Manohar Basant P.S. Autar Nagar, Dist. Saran …….Petitioner. Versus STATE OF BIHAR ----------- 2 24.2.2010 Heard Mr. Ramesh Kumar Choudhary learned counsel for the petitioner and Mr. Ram Priya Sharan Singh learned A.P.P. for the State. Petitioner apprehends his arrest in a complaint case filed by his wife in which cognizance has been taken by the C.J.M, Hajipur, under section 498 A of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that petitioner had filed a divorce case no. 44 of 2008 on 13.3.2008 before the Family Court, Saran at Chapra and thereafter by way of retaliation the present complaint case No. C1-1127/2008 was filed on 8. 5.2008. Learned counsel for the State has also not disputed this position. Be that as it may, in the facts and circumstance of the case, let the above named petitioner in the event of his arrest or surrender in the court below within four weeks from today be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of S.D.J.M, Hajipur, Vaishali in complaint case no. 1127/08, Tr. No. 2931 of 2009, subject to the conditions laid down under section 438(2) Cr.P.C. (Birendra Prasad Verma, J) M.Rahman