IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41347 of 2007 MD.AFFAN SHAUKAT NAJMI Versus STATE OF BIHAT ----------- 7 31.07.2008 Heard learned counsels for the petitioner and the State. A supplementary affidavit and a rejoinder to the same have been filed. Petitioner is an accused in a case registered for the offence under sections 498A of the Indian Penal Code and section 4 of the Dowry Prohibition Act. It has been submitted on behalf of the petitioner that the present complaint has been filed for ulterior purposes and that too after filing of a matrimonial case for restitution of conjugal rights by the petitioner vide Matrimonial Case No. 574 of 2006. It is further submitted that petitioner made all efforts to see that the complainant remains with him and for that necessary orders were passed by the authority as contained in Annexure-3A. Learned counsel for the petitioner draws the attention of the Court to the petition filed by the complainant on 16.07.2008 before the Family Court to the effect that the complainant has no fear from the petitioner and as a matter of fact the complainant has assured that there would be no problem to the petitioner in case he comes to the father’s place of the complainant. On receiving the said petition the matter has been posted by the Family Court on 2 05.08.2008 for conciliation in Case No. 01 of 2007 (Annexure-18). Learned counsel appearing for the complainant, on the other hand, submits that although the petition contained in Annexure-18 is not disputed, however, the conduct of the petitioner has always remained bad, and as such, the complainant apprehends physical torture from the side of the petitioner. Considering the submissions, as noticed above, the materials brought on record and 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, Md. Affan Shaukat Najmi 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 the Sub Divisional Judicial Magistrate, Motihari in connection with Complaint Case No. C-9 of 2007 subject to the conditions as laid down under section 438(2) of the Criminal Procedure Code. Manish/- ( Shailesh Kumar Sinha,J.)