IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26812 of 2009 BALINDRA SAH, SON OF MOTILAL SAH, RESIDENT OF VILLAGE HAKAM, P.S. SIWAN MUFFASIL, DISTRICT SIWAN. ----- PETITIONER Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ----------- 2 16.10.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the informant. The petitioner is a husband. Both the parties have made several allegations against each other. The main grievance of the petitioner is that his wife was already pregnant at the time of her marriage whereas the counsel for the informant disputes the date of marriage and says that marriage took place on 5.11.2004 and as such the allegation is false. The case for maintenance has already been filed by the victim lady and in that case the petitioner made a prayer for D.N.A. test and he has deposited Rs. 25,000/- for this purpose. The victim girl is not appearing in this case for sample collection of blood. In any event when the relationship between the parties has soured to this extent, it would serve no purpose in sending the petitioner to jail. I direct that the petitioner Balindra Sah should be released on anticipatory bail in the event of his arrest or surrender within a period of four weeks in connection with Complaint Case No. 1427 of 2007 (Tr. No. 2361 of 2008) on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Gopalganj subject to the conditions laid down under Section 438(2) of the Cr.P.C. Sanjay (Sheema Ali Khan, J.)