IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12166 of 2010 1. KAMLESH KUMAR SINGH @ KAMLESH SINGH 2. Vijay Bahadur Singh @ Bijay Bahadur Singh…..petitioners. Versus THE STATE OF BIHAR & ANR…………………………..O.Ps ----------- For the petitioners : Mr. Arun Kumar Singh No.4, Advocate. For thed informant : Mr. Ashutosh Ranjan pandey, Advocate. For the State : Mr. Gauri Shankar Gupta, A.P.P. ------------- 2 4.5.2010 Heard the parties. In a criminal prosecution for offence under section 498A of the Indian Penal Code, the petitioner no.1 is Dewar (younger brother of husband of the informant) and petitioner no.2 happens to be the husband. In the FIR there is allegation of demand of dowry and torture against both the petitioners. Petitioner no.2 is alleged to have solemnized three marriages ,out of which one has died and for that he is facing a criminal prosecution of murder. Learned counsel for the petitioners submits that petitioner no.2 is prepared to keep the informant as his legally wedded wife with all dignity comfort and honour, but the counsel appearing on behalf of the informant submits that on some persuation the informant had gone to her matrimonial home ,yet there was repetition of crime by the petitioner no.2 and she was again assaulted and tortured there. In the aforesaid facts and circumstances prayer for anticipatory bail made on behalf of petitioner no.2 is rejected. He must surrender in the court below within a period of four weeks from today and, if so advised, seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by the present order. However, so far petitioner no.1 is concerned, he is junior - 2 - member in the family, being Devar of the informant, in that view of the matter, in the event of arrest or surrender in the court below within a period of four weeks from today, petitioner no.1 shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, , Buxar in connection with Industrial Area, Buxar P.S. Case No. 41 of 2009, subject to the conditions laid down under section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman