IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20668 of 2010 PRABHAT KUMAR MISHRA S/O LATE DHRUODHAN MISHRA OF VILLAGE PARAN MAHUWAN P.S. KATEYA, DISTRICT-GOPALGANJ …………………PETITIONER Versus THE STATE OF BIHAR………………… OPP.PARTY For the petitioner……………… Mr. Y.C. Verma Sr. Advocate For the State…………………Ram Priya Sharan Singh A.P.P. ----------- 2 23.06.2010 Heard the parties. The petitioner apprehends his arrest in a case instituted for offences under section 498A, 406,323,420 of the Indian Penal Code as also under section ¾ of the Dowry Prohibition Act. The petitioner happens to be husband of the complainant /informant. In the F.I.R. vide Annexure-1, there is allegation of demand of dowry and torture against the petitioner and other accused persons and finally the complainant was allegedly driven out from her matrimonial home on 30-01-2010 by the accused persons. It is submitted by learned counsel appearing on behalf of the petitioner that entire prosecution allegation against the petitioner is false and concocted one. By referring to Annexure- - 2 - 2,a copy of petition of Matrimonial Case No. 127 of 2009 filed by the petitioner under section 13 of the Hindu Marriage Act, it is submitted, that as a matter of fact, the present case has been filed by way of defence after coming to know about the matrimonial suit filed by the petitioner seeking divorce from the complainant/informant. It is also highlighted that in the background of the case there is no possibility of restoration of matrimonial relationship between the petitioner and the informant. Be that as it may, in the facts and circumstances of the case, particularily in view of filing of matrimonial suit by the petitioner prior to filing of the present case vide Annexure-1, in the event of his arrest/surrender within a period of four weeks from today in connection with Kateya P.S. Case No. 41 of 2010, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs.10,000(Ten thousand)with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj, subject to the condition as laid down under section 438(2) Cr.P.C. It goes without saying that the informant/complainant shall be at liberty to seek - 3 - all the legal remedies which are available to her under the law regarding maintenance etc. in the aforesaid matrimonial suit filed by the petitioner, which is stated to be still pending in the Family Court. S.P (Birendra Prasad Verma, J.)