IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15780 of 2011 SK. JAUAD @ SK. JAWED Versus THE STATE OF BIHAR ----------- 2 19.05.2011 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending his arrest in a complaint case in which cognizance has been taken under Sections 498A and 323 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act. Though, there is accusation of demand of dowry and torture but after seven years of the marriage when there was no issue from the complainant then with the consent of the complainant the petitioner performed second marriage. However, the petitioner is ready to keep the complainant as wife with full dignity and honour and if she refuses to reside with the petitioner then the petitioner is ready to pay Rs. 1,000/- per month to the complainant. Considering the aforesaid stands of the petitioner, let the above named petitioner, be released on provisional anticipatory bail for six months, in the 2 event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Bettiah in connection with Complaint Case No. 1566 /2006, subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the learned court below issue notice to the complainant and on her appearance if the complainant agrees to reside with the petitioner then the provisional bail of the petitioner will be confirmed by the learned court below or if the complainant does not ready to reside with the petitioner then the learned court below, on suggestion of the complainant, will fix the mode of payment of interim maintenance which will be subject to any order being passed in matrimonial or maintenance proceedings. Amrendra/- (Dinesh Kumar Singh, J.)