IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15310 of 2011 PRAKASH SINGH @ BAGHEL SINGH Versus THE STATE OF BIHAR ----------- 02 25.05.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the complainant. Petitioner is languishing in jail custody since 22.01.2011 in connection with Complaint Case No. 971 of 2003 for the offence punishable under Section 498 A of the Indian Penal Code. Petitioner is husband of the complainant and as per complaint case, the marriage of the petitioner was solemnized in the year 1996 but when the complainant went to her in-laws house, she was subjected to cruelty and harassment on account of non-fulfilment of illegal demand of dowry. It would appear from perusal of complaint petition that earlier a complaint case bearing Complaint Case No. 430 of 1998 was filed by the complainant but subsequently, the aforesaid case ended in compromise and again complainant went to her in-laws house and spent one year time happily and peacefully. It is stated that the petitioner and his family members did not change their behaviour and they repeated the same behaviour with the complainant. Learned counsel for the petitioner submits that, as a matter of fact, the marriage of the petitioner had taken place in the year 1989 and it is complainant, who herself does not want to lead her conjugal life with the petitioner. It is further contended by him that when she was taken back by the petitioner, she again started trouble in the family and left her matrimonial home. 2 On the other hand, learned counsel appearing for the complainant pointed out that the petitioner has already solemnized his second marriage and, as a matter of fact, complainant still wants to lead her conjugal life with the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties coupled with period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Rohtas in connection with Complaint Case No. 971 of 2003. Shahzad ( Hemant Kumar Srivastava, J.)