IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.51807 OF 2008 PANKAJ KUMAR, SON OF ARUN KUMAR, RESIDENT OF MOHALLA RAMBAGH CHAURI, POLICE STATION MITHANPURA, DISTRICT MUZAFFARPUR VERSUS 1. STATE OF BIHAR 2. KUMARI VIDYA DEVI, DAUGHTER OF ARUNODAY PRASAD SRIVASTAVA @ PRAMODJI OF VILLAGE AND POST SILAUT MADHUBANI, POLICE STATION MANIYARI, DISTRICT MUZAFFARPUR ********** 2 03.02.2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner who is the husband is an accused in a case registered under Section 498A of the Indian Penal Code. Learned Counsel for the petitioner submits that there was some dispute because the informant had given birth to a child who subsequently died. It is submitted that the informant left her house never to return again. The petitioner has filed a divorce case being Matrimonial Case No. 225 of 2007 and summons was issued on 28.03.2008 whereas the present case has been filed on 10.04.2008 i.e. after the divorce case was filed. Learned Counsel submits that the First Information Report has been filed after the informant received notices of the divorce case. Be that as it may, the petitioner Pankaj 2 Kumar is directed to be released on anticipatory bail in the event of arrest/surrender before the Court below within a period of six weeks from today in Mithanpura Police Station Case No. 80 of 2008 on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J. )