IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8800 of 2010 SANJAY KUMAR GUPTA,son of Sri Krishna Prasad Gupta,resident of village-Ekma Chowk Gandhi Nagar, Bhabua, District-Kaimur at Bhabua. .. .. .. Petitioner Versus THE STATE OF BIHAR.. .. Opp.Party ----------- For the Petitioner :Mr. Vinod Kr.Seth,Advocate For the State :Dr. Indiwar Kumari,Addl.P.P. ----------- 03/ 22-04-2010 Heard the parties. Petitioner apprehends his arrest in connection with Complaint case No.1110 of 2008, in which cognizance has been taken under Section 498A of the Indian Penal Code as also under Section 4 of the Dowry Prohibition Act. It is submitted by the learned counsel for the petitioner that though he is the husband of one Jyoti Kumari, daughter of the complainant, and there is allegation of demand of dowry and torture against him, but the entire prosecution allegation is apparently false and concocted one and the aforesaid complaint case has been filed by way of retaliation of the Matrimonial Suit No.15 of 2008 filed earlier by the petitioner on 20-03-2008 seeking divorce under Section 13 of the Hindu Marriage Act. Be that as it may, in view of the fact that matrimonial suit (Annexure-2) was filed earlier and the complaint petition (Annexure-1) was filed thereafter, in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioner shall be released on bail on furnishing 2 bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)