IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9834 of 2010 MD. SHAH NAWAZ ALAM, SON OF MD. NIZAM BEG, RESIDENT OF VILLAGE – SIKANDRA, POLICE STATION – SIKANDRA, DISTRICT – JAMUI. ………….. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. SHAMA PARVEEN, WIFE OF MD. SHAHBAZ ALAM, D/O. SHAFI ALAM, RESIDENT OF KHALASI MOHALLA, POLICE STATION & POST OFFICE – JHAJHA, DISTRICT – JAMUI. ----------- 03/ 14.07.2010 Heard learned counsel for the petitioner and State as well as Complainant. This is a petition for grant of anticipatory bail for offence under Section 498 A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that he is ready to keep the victim, however, by the order of the Sessions Judge IV, the anticipatory bail of the parents in law of the victim was allowed on compromise and on the basis of that the petitioner will keep the victim, who is his wife with full dignity but the petitioner has not taken the victim. However, petitioner is ordered to surrender before the learned court below within two weeks from the date of receipt/production of a copy of this order and on his so surrendering he shall be released on provisional bail for two 2 months on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Jamui in connection with Complaint Case No. 363 C of 2009. In the mean time the lower court shall call the complainant and if the complainant is ready to go with the husband and the petitioner takes the victim and keep her with full dignity then the court shall confirm the bail bond to its satisfaction. However, if the victim is not ready to live or go with the husband on unreasonable ground then the court below shall consider to confirm the interim bail of the petitioner. However, if the victim appears, ready to go but the petitioner not taken the victim to the satisfaction of the court below then the lower court shall itself consider to cancel the bail bond of the petitioner and further consider about the right of residence and right of maintenance in consequence with Protection of Women From Domestic Violence Act, 2005. Kundan (Gopal Prasad, J.)