IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37249 of 2008 RANJEET GUPTA Versus THE STATE OF BIHAR ----------- 5. 07.01.2009 Heard Sri Amrendra Kumar, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The petitioner is the husband of the informant and the case is under Sections 498A & 307 of the IPC. The marriage of the solemnized about 17 years prior to the lodging of the FIR and the lady had a son and a daughter out of the wedlock. The lady complained of being assaulted and ill-treated by the petitioner, who was a man of bad habits indulging in taking toddy or smoking some smacks. The contention is that for 17 years the lady did not complain of any ill-treatment or bad behaviour and that there was no injury to support that it could be a case under Section 307 of the IPC. The next contention is that the petitioner is a driver of a three wheeler and remains out side the house, on account of which the lady developed some relationship with a police officer and as such the case was concocted. Regard being had to the above facts and - 2 - circumstances and the years of marriage, let petitioner Ranjeet Gupta be released from custody on furnishing a bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C. I, Patna in connection with Sessions Trial No. 986 of 2008 arising out of Hawai Adda P.S. Case No. 39 of 2008. DKS/ (Dharnidhar Jha, J.)