IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46777 of 2008 BINOD KUMAR Versus 1. STATE OF BIHAR 2. PREMLATA KUMARI ----------- 4 13.04.2009 Heard both sides. The petitioner, husband of the complainant (opposite party no. 2), has approached this Court for grant of anticipatory bail in a case instituted under section 498A of Indian Penal Code on a complaint lodged on 2.5.2008. Counsel for the petitioner submits that admittedly the marriage had taken place about 19 years ago. Earlier, the complainant had lodged a police case under section 498A being Hilsa P.S. case no. 246/2006 in which upon conclusion of the investigation, final form was submitted. The police did not find the allegation true. Thereafter another complaint was filed being Complaint case no. 197C/2007 in which the petitioner had appeared and considering the facts and circumstances, he was granted bail by the Court below. Thereafter again the present complaint has been lodged. It has been highlighted that two of the witnesses who have been examined in the present case under section 202 of Cr.P.C. are the same who were examined on behalf of the complainant in Complaint Case no. 197C/2007. Referring to paragraph no. 8 of the application, it has been submitted that earlier in the year 2006 itself, the petitioner had filed a suit under 2 section 9 of the Hindu Marriage Act for restitution of conjugal rights which was decreed ex-parte. In the facts and circumstances of the case, this court is inclined to admit the petitioner to anticipatory bail. In the event of arrest or surrender in the Court below within four weeks, the petitioner above named is directed to 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 S.D.J.M., Hilsa, Nalanda in connection with Complaint Case no. 303C of 2008. pkj ( Kishore K. Mandal, J. )