IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43913 of 2010 RAJNITI SAO @ FANTOOSH, SON OF PRABHU SAO Versus THE STATE OF BIHAR ----------- 02 19.01.2011 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner is languishing in jail custody since 14.10.2010 in connection with Barbigha P.S. Case No. 57 of 2009 registered under Sections 498A/34 of the Indian Penal Code. Admittedly, petitioner is husband of the informant and the marriage of the petitioner had taken place 14 years ago. It appears from the First Information Report itself, that earlier Barbigha P.S. Case No.109 of 2008 was registered and in the said case, petitioner was remanded but subsequently, he was released on bail on the basis of compromise but, he did not change his behaviour and allegedly, he again put the informant into cruelty. The contention of learned counsel for the petitioner is that the informant herself does not want to lead her conjugal life with the petitioner and that is why she has brought this false case against the petitioner. Considering the facts and circumstances of the case as well as submissions of the parties particularly, keeping in mind that in spite of issuance of notice to the informant, the informant did not appear before the learned Additional Sessions Judge, Sheikhpura above named petitioner 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 2 to the satisfaction of Chief Judicial Magistrate, Sheikhpura in connection with above stated Barbigha P.S. Case No. 57 of 2009. Shahzad ( Hemant Kumar Srivastava, J.)