IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47927 of 2008 MD.KHAIRUL, son of Late-Md. Bajaru, resident of village-Shadipur, Kabirpur, P.S.-Balrampur, District-Katihar. …….Petitioner Versus 1. The State Of Bihar 2. Rohidi Khatoon, W/o-Khairul, D/o-Abdul Rahman, resident of Village- Sihagaon, P.S.-Balrampur, District-Katihar. …….Opposite Parties. ----------- 03. 18.04.2009 Petitioner is an accused in a case instituted by his first wife under Section 498 A of the Indian Penal Code and Section- 4 of the Dowry Prohibition Act being Complaint Case No. 412 of 2008 which is pending before the Chief Judicial Magistrate, Katihar. Though petitioner denies the marriage but as per complaint itself, it is clear that the complainant had no problem till allegedly the child die. Thus, it is clearly not prima facie a case of Dowry but as per complaint, petitioner married second time and that appears to be the main cause for filing complaint against the husband. In the facts and circumstances, let petitioner namely Md. Khairul surrender in the Court below within a period of three weeks from today shall be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Katihar in 2 connection with Complaint Case No. 412 of 2008 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Shageer (Navaniti Prasad Singh, J)