IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33314 of 2010 Kush Kumar Chandan, Son of Somendra Prasad, resident of Gandak Colony, Dakbanglow Road Bettiah, P.S.-Bettiah, District-East Champaran. –Petitioner. VERSUS The State of Bihar -Opposite Party. ----------- 02 21.12.2010 The petitioner is the husband and apprehends arrest in Bettiah Town P.S. Case No.289/10 instituted under Section-498A IPC and Section-3/4 of Dowry Prohibition Act. The informant is present and has filed a counter affidavit. The F.I.R. was lodged by the father-in-law. Heard the parties. In the F.I.R., it is alleged that soon after marriage the husband’s family did not accept the girl as parents were unable to pay dowry. The wife was put under tremendous pressure. She gave birth of baby girl and then ended up with medical complications. The husband is not ready to keep her. In course of hearing, learned counsel for the petitioner pointed out that the true story is totally different. The demand of dowry or for that a car is unbelievable because at the time of marriage petitioner was student and he has recently got a job. He further states that the girl having been born and there being serious medical complications, his wife has gone into comma, being young and having hardly spent in her Sasural, she is being treated by her parents and kept there, that has become a financial burden and therefore to coerce the petitioner and his family to take away the girl, who is in comma and - 2 - spent all money in treatment, this case has been lodged. Petitioner states that they had been paying substantial amount for the treatment and this attitude of the father-in-law clearly shows that in fact it is a case which is not on behalf of the wife rather for ulterior motive. Be that as it may, in the event of arrest or surrender within four weeks from today, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah in connection with Bettiah Town P.S. Case No.289/10, subject to the conditions as laid down in Section-438(2) Cr.P.C. Trivedi/ (Navaniti Prasad Singh, J.)