IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26223 of 2011 Abhinav Sagar, Son of Raj Kumar Sagar, C/o Sanjay Kumar, Nazni Chouk, Ward No. 19, P.O. & P.S.-Bettiah Town, District-West Champaran. Versus 1. The State of Bihar. 2. Aamrapali Sagar, wife of Abhinav Sagar, D/o Shankar Prasad, resident of village & P.O.- Kanhauli Bazar, District-Sitamarhi, presently residing at Lakri Dhahi, Chandwara, P.S. & Town-Muzaffarpur, District- Muzaffarpur. ----------- 2. 05.08.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioner apprehends arrest in connection with a case in which cognizance has been taken for the offence under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act. The marriage had taken place on 12.12.2008. Learned counsel for the petitioner submits that the entire prosecution is malicious and vexatious in nature. There is no truth behind the allegation levelled in the complaint. The complainant was suffering from mental disorder and depression since long before marriage and this fact was suppressed. He further submits that the complainant used to misbehave with the petitioner and in-laws. She forced the petitioner to get partitioned from the family members. Acceding to the request of the complainant, a partition suit was filed and the suit was decreed on 18.3.2010. The complainant even thereafter coerced the petitioner in various ways and seeing no way out the petitioner was compelled to file a petition under Section 13(i) (b) seeking decree of divorce on 23.3.2010 before the Family Court, 2 West Champaran and only after the institution of that case the present case was instituted on 27.3.2010. Taking into consideration the aforesaid submissions, let the petitioner, namely Abhinav Sagar in the event of his arrest or surrender before the Court below within a period of four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Complaint Case No.773 of 2010 subject to the conditions as laid down under Section 438(2) Cr.P.C. Sanjeet/ (Ashwani Kumar Singh, J.)