IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10514 of 2010 2 26.4.2010 Devendra Yadav @ Devendra Kumar Yadav S/o Banshi Yadav R/o vill.- Dhadhwa Jagdish, P.S. Taraya- Sujan, District.- Kushinagar (U.P.) ...... Petitioner VERSUS The State of Bihar ..... Opp. Party -------- Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner has submitted that since the complainant is also a witness in the case lodged by wife of the petitioner against him under section 498A and other offences, the present case should be treated as false and vexatious. The learned Sessions Judge has mentioned that photocopy of the cheque allegedly issued by the petitioner and which bounced has also been enclosed with the complaint petition to support the allegation of cheating. In the facts of the case, this Court is not persuaded to grant anticipatory bail to the petitioner. The prayer is rejected. This order shall not prejudice the case of the petitioner if he surrenders and seeks regular bail. In case, petitioner deposits Rs.10000/- which is 2 said to be the amount of the cheque which bounced, at the time of his surrender within six weeks, in that event his prayer for bail should be considered favouraly on the date of surrender itself. If cost is deposited, let this order be communicated to the court of Sri R.K.Mishra, J.M.Gopalganj in connection with complaint case no.433 of 2008, by Fax. (Shiva Kirti Singh,J.) sk