IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40624 of 2009 ASHISH KUMAR . Versus STATE OF BIHAR . ----------- 4 26.3.2010 Heard counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under section 498A of the Penal Code and section ¾ of the Dowry Prohibition Act. It is alleged by the complainant that due to non-fulfillment of demand of dowry she has been subjected to torture by all the accused persons including the petitioner. Counsel for the petitioner submits that prior to the institution of the instant complaint case, the petitioner has filed a Matrimonial Suit bearing Case No.50/09 and in retaliation the complainant has filed the instant case. By referring to paragraph 11 of the complaint petition, he submits that the accused persons other than the petitioner went to the house of the informant’s father for making a demand of Rs.3 lacs. The demand of Rs.3 lacs was made for business purpose. He submits that the parents and brother of the petitioner were arrested and already sent to jail. Counsel for the complainant submits that after 5-6 months of marriage, the petitioner and his family started filing informatory petitions against the complainant. It would appear from the order dated 4.2.2010 of this court, that the petitioner did not adopt conciliatory attitude in effecting the compromise. 2 KHAN This court finds that the petitioner had earlier filed a Matrimonial Suit and a sum of Rs.3 lacs was demanded for business purpose. Admittedly the petitioner had not gone to the house of the complainant’s father for asking money. The parents and brother of the petitioner were already arrested and sent to the judicial custody. Having considered the facts and circumstances of the case, the petitioner Ashish Kumar is directed to be released on anticipatory bail, in the event of his arrest/surrender within six weeks from today, in connection with Complaint Case No.306 of 2009, Trial No.3328 of 2009, on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of the S.D.J.M. Sherghati, Gaya subject to the condition that he will not absent himself in the court below for two consecutive dates till three witnesses are examined in trial. (S.P.Singh,J)