IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11575 of 2010 1.RAJIV RANJAN SINHA @ BHOLA son of Ramswaroop Prasad r/o village Karoo Bigha, P.S. Nimchak Bathani, Dist. Gaya at present Mohalla kamruddinganj, Town Biharsharif, P.S. Laheri, Dist. Nalanda ……..Petitioner. Versus STATE OF BIHAR O.P. ----------- For the petitioner: Mr. Prem Chandra Yadav, Advocate. For the State: Mr. L.K. Sharma, A.P.P. For the complainant: Mr. Ibrahim Kabir, Advocate. -------- 2 30.4.2010 Heard the parties. In a criminal prosecution for offences under section 498 A and 323 of the Indian penal Code as also under section 4 of the Dowry prohibition Act, the petitioner is the husband of the complainant Babita Kumari and allegation of demand of dowry and torture is against him, but a fair stand has been taken by the learned counsel for the petitioner that he is prepared to keep the complainant Babita Kumari as his legally wedded wife with all dignity, comfort and honour. Learned counsel appearing for the complainant submits that the complainant is also ready to live with the petitioner as his legally wedded wife provided there is no further demand of dowry and torture against her. In view of the aforesaid fair stand taken by the parties, let the above named petitioner in the event of his arrest or surrender in the court below within a period of four weeks from today, be enlarged on provisional anticipatory bail for a period of two months on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Nalanda at Biharsharif in connection with complaint case No. 1487 (C) of 2008, subject to the conditions laid down under section - 2 - 438(2) Cr.P.C. Learned court below shall secure the attendance of the complainant on a date fixed by him and shall verify the genuineness and bonafide of the claim of the petitioner, and if the court below is satisfied that petitioner is sincerely willing to keep the complainant as his legally wedded wife, then the parties may be directed to file a joint compromise petition .If such a joint compromise petition is filed, then provisional anticipatory bail granted to the petitioner by this court shall be confirmed. In case of failure, after expirty of the aforesaid two months it will be construed that prayer for anticipatory bail made on behalf of the petitioner has finally been rejected by this court and thereafter petitioner will be obliged to seek regular bail in the present case before the learned Judicial Magistrate . ( Birendra Prasad Verma, J. ) M.Rahman