IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41834 of 2008 ASHOK KUMAR YADAV, son of Suresh Pd.Yadav, R/o Village Deogaon Khanpur, P.S. Tarapur, District Munger -----------Petitioner Versus 1. THE STATE OF BIHAR 2. RANI KUMARI, son of Ramjee Pd. Yadav, Vill. Lal Darwaja, Ward no.3, P.S. Kotwali, Distt. Munger ------------Opp. Parties ----------- 5. 31.3.2009 Heard the learned counsel for the petitioner and opposite party no.2 as also the State. The offence alleged against the petitioner, who is apprehending his arrest in connection with Munger Kotwali P.S. Case No.145/2007, is under sections 498 and 494/34 of the Penal Code and section 3/4 of the Dowry Prohibition Act. It is submitted on behalf of the petitioner that the present complaint has been filed for ulterior purposes. As a matter of fact, the petitioner had initiated a divorce case as far back as in the year 2003. However, the said case was dismissed for default. Ultimately a fresh divorce case was filed by the petitioner vide Title Suit (Matrimonial) No.41/2007. Opposite party no.2 appeared in the said suit and efforts have been made to settle 2 the matter amicably in the light of the order of this Court dated 23rd of January, 2009. However, the same resulted in failure, as would be appearing from the certified copy of the order dated 5.3.2009 passed in said Matrimonial case, vide Title Suit no.41/2007. A certified copy of the said order has been produced by the learned counsel for the petitioner, which is being kept on the record. Learned counsel for the petitioner further submits that the father- in-law of the daughter of the informant has been allowed anticipatory bail by this Court as per the order dated 19.9.2008 passed in Cr. Misc. No.34266 of 2008. Counsel for opposite party no.2 submits that the complainant is willing to live with the petitioner. However, the petitioner is not willing to have the matter settled. Counsel further submits that still the complainant is desirous to settle the matter amicably. Considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender in connection with Munger Kotwali P.S. Case No.145/2007 within a period of four weeks from today, be enlarged on bail on 3 furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)