IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24199 of 2011 Md. Sajjad @ Md. Sajjad Alam, son of Md. Ashlam, resident of village- Rupanpatti, P.S.-Sakara, District-Muzaffarpur. ……….Petitioner. Versus 1. The State of Bihar. 2. Hakib Ara alias Munni, W/o Md. Sajjad Alam and D/o Fakir Mohammad alias Aslam, resident of village-Rupanpatti, P.O.-Bishanpur Baghnagri, P.S.-Sakara, District-Muzaffarpur, at present resident of village- Simarwara, Tola Lemuari, P.O.-Simarwara Durgapur, P.S.-Patepur, District-Vaishali (Complainant). ……….Opp. Parties. ----------- 2. 22.07.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioner apprehends arrest in connection with a case registered for the offence under section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The case arises out of a complaint. Admittedly, the marriage had taken place on 4.6.2005. It is alleged that after marriage, she was subjected to cruelty for non- fulfillment of demand of Rs. 1,00,000/-. From the complaint, it would further transpire that on 15.2.2010 an attempt was made to eliminate the complainant, but some how or other she could be rescued. Learned counsel for the petitioner submits that the prosecution case is absurd and the complainant does not want to live with the petitioner. She has abandoned her matrimonial house without any rhyme or reason. He has also submitted that while his application for bail 2 being considered by the learned Sessions Judge, notice was issued to the complainant by order dated 28.12.2010 and 24.2.2011. Pursuant to the said notice the complainant appeared in the court below and a direction was made to the petitioner to go to the parents’ place of the complainant together with Mukhiya in order to take her back to her matrimonial house. It is submitted that in compliance to the order passed by the learned Sessions Judge, the petitioner along with Mukhiya of his village went to the parents’ place of the complainant on31.5.2011 and requested her to accompany him but, she did not oblige. To the contrary, the petitioner was misbehaved by the father and brother of the complainant. The petitioner, thereafter, wrote a letter to the S.P., Vaishali and D.M., Vaishali in this regard. The submission is that the complainant is not willing to join her matrimonial house. Learned counsel for the State opposes the prayer for grant of bail. Taking into consideration the aforesaid submissions, let the petitioner, namely Md. Sajjad alias Md. Sajjad Alam in the event of his arrest or surrender before the Court below within a period of four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 5,000/- (Five 3 thousand) with two sureties of the like amount each to the satisfaction of Sub-divisional Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. 360 of 2010. Sanjeet (Ashwani Kumar Singh, J.)