IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9783 of 2009 MASOOD ZAFAR son OF LATE MUZZAFAR HUSSAN, RESIDENT OF CHUNAMARI, KAZI TOLA, P.S. KOCHADHAMAN, DISTRICT KISHANGANJ. Versus 1.STATE OF BIHAR 2.BIBI ABESHA KHATOON WIFE OF MASOOD JAFAR DAUGHTER OF MD. ARIF, RESIDENT OF CHUNAMARI, KAZI TOLA, P.S. KOCHADHAMAN, DISTRICT- KISHANGANJ. ----------- 4 30.11.2009 Heard learned counsel for the petitioner, complainant as also the State. The offence alleged is under sections 498A, 323, of the Indian Penal Code. It has been submitted on behalf of the petitioner that the allegation against the petitioner of demand or any torture is omnibus, as a matter of fact, the matter was amicably settled and the articles given at the time of marriage were returned back which was receipted by the complainant as would be appearing on perusal of Annexure-2. Later on, an application was also filed for withdrawal of the case and thereafter again the complainant after receiving all the money and articles filed a petition in the Court below for revival of the case. Petitioner felt cheated and filed a complaint in which witnesses have been examined as contained in Annexure-5. Learned counsel for the complainant submits that the petitioner is husband and it was his bounden duty to protect his wife and to the contrary he also indulged in the alleged torture which also encouraged the other family members. In the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, 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, Kishanganj, in connection with Complaint Case No. C 1440 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)