IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21729 of 2010 PRABHAKAR KUMAR @ BULBUL, SON OF SHRI VIRENDRA PANDEY, RESIDENT OF VILLAGE- DURGA ASTHAN, COMPOUND OF NARSINGH BABA MANDIR, P.S.- MOTIHARI, DISTRICT EAST CHAMPARAN. Versus 1.STATE OF BIHAR. 2. SMT. SANDEEPA DEVI, WIFE OF SHRI PRABHAKAR KUMAR@ BULBUL, DAUGHTER OF SHRI SURENDRA NATH TIWARI, RESIDENT OF NEW BUS STAND ROAD, BETTIAH, DISTRICT- WEST CHAMPARAN. ----------- 7. 03.03.2011 Heard the parties. The petitioner apprehends arrest in Complaint Case No. 2258 of 2007 instituted under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act and pending in the court C.J.M., Bettiah. The complainant is the wife who is opposite party no. 2. She had been noticed by this court and though initially she appeared through her counsel but on orders of this Court she refused to appear personally. Today her counsel is not present. Petitioner is in Army and submits that complainant does not want to stay with her in laws that is parent of the petitioner and serve them that is not acceptable to the petitioner as some one has to look after old parents and other family members. It is this that has created the problem between them. Unfortunately, this aspect of the matter was not even considered by the learned Sessions Judge while rejecting the application for anticipatory bail filed on behalf of the petitioner. In my opinion, such an - 2 - action would only aggravate the problem and not solve a social problem. Whatever chance of reconcile is there has been successfully destroyed by the learned Sessions Judge. This court tries but the attitude of the complainant device all ends. Be that as it may, in the event of arrest/surrender within four weeks from the date of receipt/production of a copy of this order petitioner, namely, Prabhakar Kumar @ Bulbul is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., West Champaran, Bettiah in connection with Complaint Case No. 2258 of 2007, subject to the conditions as laid down under section 438(2) Cr.P.C. Devendra/ ( Navaniti Prasad Singh, J. )