IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43232 of 2010 Nazeer Ahmad @ Md. Basir son of Md.Shahjahan, resident of village Bastha, P.S. Mainatand, in the district of West Champaran----petitioner Versus 1.The State of Bihar 2.Pharhana Khatoon, w/o Nazeer Ahmad, d/o Md.Mister r/o village Bastha, P.S.Bainatand, District West Champaran-------------opp. parties ----------- 5. 20.7.2011 Heard learned counsel for the petitioner. The petitioner prays for anticipatory bail in a complaint case under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner and the complainant had entered into love marriage on 26.2.2008 and both of them are next door neighbours but the father of the complainant was not agreeable to the said marriage and ultimately he persuaded the complainant to leave her matrimonial house on her own and live with the parents. In such situation, the petitioner was compelled to file a suit for restitution of conjugal life on 2.6.2009 and after filing of the said suit the present complaint was filed on 11.6.2009 making various false allegations regarding demand of motorcycle as dowry and committing of cruelty by the petitioner and members of his family. 2 It is further submitted by learned counsel that before the learned Sessions Judge as also before this Court the petitioner had shown his willingness to keep the complainant opposite party No.2 with him with all love and affection and notices were also issued to the complainant to appear before both the Courts but she did not appear, which shows the intention of the complainant to harass the petitioner on false allegations and accusations. It is further submitted that there is no question of the petitioner showing any cruelty to the complainant as the petitioner is a daily labour who frequently goes to Delhi and Kashmir for earning his livelihood. On a consideration of the facts and circumstances of the case, it is directed that the petitioner Nazeer Ahmad @ Md.Basir, in the event of his arrest or surrender in the court below within four weeks from today, shall be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Trial No. 514 of 2010, arising out of Complaint Case No. 1264 of 2009 subject to 3 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ramesh Kumar Datta,J.) Spal/