IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26740 of 2011 Madhusudan Prasad, Son of Late Shivu Mahto, Resident of Village Jamsari, PS Bind, District Nalanda --- Petitioner Versus 1. The State of Bihar. 2. Shavita Devi, Wife of Madhusudan Prasad, Daughter of Ishwar Prasad, Resident of Village Juafar Dih ---- Opposite Party For the petitioner : Mr. Binit Kumar, Advocate For the State : Mr. Anil Kumar, A.P.P. ----------- 2 10.8.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the opposite party no. 2. Petitioner is seeking anticipatory bail in a case under Sections 498(A), 494, 323 read with 34 of the Indian Penal Code. The petitioner before this Court is the husband. The marriage took place sometime in the year 1992. The complaint case was instituted by the opposite party no. 2 in the year 1999. The matter was sent for investigation after a delay. Once the police began the investigation, it was concluded that this lady had left her husband and married another man. She had two children from this second marriage. After submission of charge-sheet a protest petition has been filed and this petitioner is moving this Court for grant of anticipatory bail. 2 Counsel for the opposite party no. 2 submits that the petitioner in connivance with the police and was responsible for delaying the institution of the case to the year 2008. Counsel for the petitioner in reply to the aforesaid fact submits that the informant-opposite party no. 2 was in Delhi and as such, she had lost interest in the case. It is further submitted that once the First Information Report was lodged, the charge-sheet was submitted within a reasonable period and, therefore, it cannot be said that it was a tutored investigation. Be that as it may, petitioner Madhusudan Prasad is directed to be released on anticipatory bail in the event of his arrest or surrender within a period of six weeks in connection with Complaint Case No. 111(c) of 2009 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Bihar Sharif, subject to the conditions laid down under Section 438(2) of the Cr.P.C. Sanjay (Sheema Ali Khan, J.)