IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24644 of 2011 Md. Mister, S/o Late Habbu Miyan, R/o village-Pothia, P.S.-Falka, District- Katihar. ………….Petitioner. Versus The State of Bihar ……….Opp. Party. ----------- 2. 27.07.2011 Heard learned counsel for the petitioner, learned counsel appearing for the State and the informant. The case arises out of a complaint case in which cognizance has been taken under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the parties have divorced each other with mutual consent and the present case has been maliciously instituted. It is further submitted that according to the complaint itself, the complainant was driven out but, no date has been mentioned as to when she was ousted from her matrimonial house. The petitioner has brought on record mutual agreement between the parties as contained in Annexure-2 to this petition in order to justify his claim that the complainant and the petitioner in presence of the witnesses had taken divorce. Learned counsel for the petitioner submits that prior to institution of present complaint, the petitioner had instituted a case under Section 497, 380 & 120B of the Indian Penal Code against the complainant in which cognizance has already been taken on 5.5.2008. Learned counsel for the complainant is present. He 2 submits that he is not in a position to say as to whether annexure-2 is bona fide or not. He further submits that the complainant is ready to live with the petitioner. However, he does not dispute the institution of case against the complainant prior to the present case. Learned counsel for the State opposes the prayer for grant of bail. Taking into consideration the aforesaid facts, let the petitioner, namely Md. Mister 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 Sub-Divisional Judicial Magistrate, Katihar in connection with Complaint Case No. C.A. 44 of 2008. Sanjeet (Ashwani Kumar Singh, J.)