IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 37036 of 2009 Binod Yadav @ Binod Kumar Yadav, son of Ram Narayan Yadav, Resident of village – Sonamani – Gudam, P S – Sonamani – Gudam, District – Araria - Petitioner Versus 1 State of Bihar 2 Sarita Devi, D/o Brish Yadav, w/o Binod Yadav, R/o Hanumannagar, P S – Hulkaha, District – Araria -Opposite Parties *** For the petitioner : Mr Ramesh Kr Singh, Advocate For opposite party No 2 : Mr Mukesh Kr Rana, Advocate For the S t a t e : Ms Veena Kumari Jaiswal, APP *** 4 24.05.2010 The petitioner is the husband and apprehends arrest in Complaint Case No 2011 C of 2004 instituted under Section 498A of the Indian Penal Code and pending before Chief Judicial Magistrate, Araria. The complainant-wife Sarita Devi has been made a party to this application and after two notices, she has ultimately appeared. On behalf of petitioner, it is submitted that the case under Section 498A of Indian Penal Code was filed in the year, 2004. The marriage having taken place in the year, 2003. The matter was then taken to the Local Panchayat where, after Panchayati, the matter was settled amongst parties. Petitioner’s father Shri Ram Narayan Yadav transferred, by virtue of registered sale deed, 63 decimals of land in favour of opposite party No 2 Smt Sarita Devi, wife of the petitioner. The parties then did not take effective steps in the prosecution but all of a sudden, becoming greedy, the prosecution is now being pressed again in the hope of getting some more land. Learned counsel for opposite party No 2 states that he has no 2 instructions in regard to the sale of land in favour of opposite party No 2. This is not a story which has been set up before this Court. The order of learned Sessions Judge clearly shows that this was stated before the Sessions Court as well. Be that as it may, in the event of arrest or surrender before the Court below within four weeks from today, the petitioner abovenamed shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in Complaint Case No 2011 C of 2004 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)