IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6079 of 2010 VIJAY ANAND Versus STATE OF BIHAR 3 19.4.2010 Heard counsel for the petitioner and the State as well as counsel appearing on behalf of the Complainant. The petitioner apprehends his arrest in a case under section 498A of the Penal Code and section 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the complainant alleged that the petitioner was having some affairs with accused no.2 Smt. Asha Kumari Sindhu. However, the falsity of the allegation would appear from the fact that accused no.2 Smt.Asha Kumari Sindhu is cousin sister of the petitioner and she is aged about 55-60 years. He submits that the petitioner is posted at D.M.C.H., Darbhanga as an Assistant whereas the complainant is a Panchayat teacher in the district of Katihar and he is ready to keep the complainant with due care and affection. Learned counsel for the complainant states that prima facie case has been made out against the accused persons and she is also ready to live with the petitioner if he keeps her with full dignity and affection. In view of the submissions made by learned counsel for the parties, this court passes the following order: i) No coercive steps would be taken against the petitioner for a period of six weeks from the date of receipt/production of a copy of this - 2 - KHAN order in connection with Complaint Case No.1122 of 2008 pending in the court of the Subdivisional Judicial Magistrate, Katihar. ii) If within the aforesaid period, both the petitioner and the complainant appear in the court below and express their desire that they are willing to live together then the learned Magistrate would extend the interim order of stay for further periods in order to ensure that they are living together happily, otherwise he would dispose of the matter in accordance with law. With the aforesaid observations and directions, this application stands disposed of. (S.P.Singh,J)