IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35164 of 2011 ====================================================== Sujit Kumar Mahto, son of late Jagdish Mahto, resident of Mohalla Lal Kothi Road, Katihar, P.S. Katihar, Distt. Katihar. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Sadhna Suman, wife of Sujit Kumar Mahto, daughter of late Mahabir Mandal, r/o Vill. Manihari High School Road, P.S. Manihari, Distt. Katihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar with Mr. Surendra Kumar Chaubey with Mr. Surya Prakash, Advocates For the Opposite Party/s : Mr. Madan Kumar, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 24-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution, based on a complaint petition, in which cognizance has been taken under Section 498A of the Indian Penal Code. It is submitted that the petitioner filed matrimonial case No.103 of 2011 on 31.03.2011 in the court of learned Principal Judge, Family Court, Katihar vide Annexure-2 and after coming to know about the said case, by way of retaliation, the present complaint petition vide Annexure-1 was filed on Patna High Court Cr.Misc. No.35164 of 2011 (2) dt.24-10-2011 2 11.05.2011. From the findings recorded by learned Sessions Judge in his impugned order, it appears that complainant has refused to live with the petitioner as wife. In the facts and circumstances of the case, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, the above named petitioner is directed to be released on bail in connection with complaint application case No.1043 of 2011 on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Anjani /- (Birendra Prasad Verma, J)