IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34245 of 2011 ====================================================== Rajesh Kumar, son of late Jawala Prasad Gupta, resident of Mohalla Lohia Nagar, ward no. 25, P.S. Begusarai Town, Distt. Begusarai. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Udit Narain Singh with Mr. Radha Krishna Singh, Advocates For the Opposite Party/s : Mr. B. Lal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 13-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution, based on a complaint petition, in which cognizance has been taken for offence under Section 498A of the Indian Penal Code as also under Section 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that though the petitioner happens to be the husband of the complainant, and according to prosecution case, marriage was solemnized on 12.05.2006, but in the year 2007 itself, the petitioner filed Divorce Case No. 75 of 2007 under Section 13 of the Hindu Marriage Act, 1955 in the court of learned Principal Judge, Family Court, Begusarai, which is still pending. It is further submitted that by Patna High Court Cr.Misc. No.34245 of 2011 (2) dt.13-10-2011 2 way of retaliation, the present complaint petition has been filed in the year 2011 vide Annexure-1 with all baseless and false allegations against the petitioner. Be that as it may, in the facts and circumstances of the case, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, the above named petitioner is directed to be released on bail in connection with Complaint Case No.27 of 2011 on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Begusarai subject to the conditions laid down under Section 438 (2) of the Cr.P.C. Anjani /- (Birendra Prasad Verma, J)