IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14637 of 2008 SHARZIL ALAM Versus STATE OF BIHAR & ANR. ----------- 4 23.07.2008 Heard learned counsels for the petitioner and state and Mr. Prem Kumar Jha appearing for the opposite party no. 2. Petitioner apprehends his arrest in connection with Complaint Case No. 799 of 2007 for the offence alleged to have been committed under section 498A of the Indian Penal Code. It has been submitted on behalf of the petitioner that the present complaint has been filed for ulterior purposes after the complainant was divorced as would appear from the Ekrarnama as contained in Annexure-3 followed by the informatory petition filed on 31.05.2007 ( Annexure-5). As such the complainant has filed the case for extracting more and more money. Learned counsel appearing for the opposite party no.2, on the other hand refuses the submissions made on behalf of the petitioner, and submits that the fact of divorce as alleged by the petitioner is absolutely incorrect so much so the Ekrarnama allegedly evidencing the divorce is forged since the thumb impression alleged to have been put by the complainant is not genuine as the complainant is in position to write her name. It is further submitted that since no divorce has taken effect the complainant has remained always ready to live with the petitioner as wife and husband. Considering the submissions as noticed above and in the facts and circumstances of the case, it is directed that in the event of - 2 - arrest or surrender within a period of four weeks from today, the petitioner, Sharzil Alam be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Madhubani in connection with Complaint Case No. 799 of 2007. Trial No. 2104 of 2007 subject to the conditions as laid down under section 438 (2) of the Criminal Procedure Code. However, it will be open for the parties in the Court below to get the matter amicably settled since the complainant has expressed her desire to live with the petitioner. This application is disposed of with the above observation/direction. Let the order be communicated to the Court of Sub Divisional Judicial Magistrate, Madhubani in connection with Complaint Case No. 799 of 2007 and Trial No. 2104 of 2007 through FAX on cost being deposited by the petitioner. Manish/- ( Shailesh Kumar Sinha,J.)