IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23722 of 2009 ABDUL GAFFAR Versus STATE OF BIHAR ----------- 2 17.09.2009 Heard both sides. Petitioner, who is husband of the complainant, has approached this court seeking anticipatory bail in a case instituted under diverse sections of Indian Penal Code including Section 498A IPC. It is contended that in the year 1993, marriage had been solemnized. Subsequently, the petitioner, with the consent of the complainant got married his Bhabhi who lost her husband in a plane crash. The complaint discloses that after the marriage, torture was inflicted on her. This complaint was filed sometimes in the year 2006. It appears that some of the accused persons approached this court seeking quashing of the order taking cognizance vide Cr. Misc. No. 2181 of 2008 which was considered and the said order taking cognizance was quashed under judgment and order dated 11.5.2009 (Annexure-3). The concluding portion of the aforesaid judgment reads as follows: “Accordingly, the taking of cognizance, so far the petitioners are concerned, is quashed and the application is allowed.” Learned counsel submits that the court has already doubted the veracity of the allegation as according to this court, no cause of action had arisen at Motihari and the case was lodged there with certain oblique motive. 2 Be that as it may, this court having regards to the materials on record is persuaded to extend the privilege of anticipatory bail to petitioner. In the event of arrest or surrender in the court below within a period of four weeks, let petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.. Alam, Judicial Magistrate, 1st Class, East Champaran at Motihari in connection with Complaint case no. 442 of 2006 Tr. No. 2007/09. pkj ( Kishore K. Mandal, J. )