IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30136 of 2011 Dhiraj Prasad Singh, son of Sri Janardan Pd. Singh @ Sitaram Singh, resident of village-Kutri, P.S.-Warsaliganj, District-Nawada. Versus The State of Bihar ----------- For the petitioner : Mr. Devendra Prasad Singh, Adv. For the State : Mr. Anuj Kumar Shrivastava, APP ----------- 2. 08.09.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. Learned counsel for the petitioner produces the certified copy of complaint and statement of the complainant recorded on solemn affirmation. Let it be kept on record. The petitioner apprehends his arrest in connection with a case in which cognizance for the offence under Section 498A of the Indian Penal Code has been taken. It is stated that the marriage had taken place on 27.4.2003. Though, there is allegation of subjecting the complainant to cruelty for non-fulfilment of dowry demand, it is submitted that no such complaint was made prior to the institution of the present case. It is also submitted that in the complaint, it is alleged that the petitioner has married some other lady but when the complainant was examined on solemn affirmation, she has stated, in reply to the court question, that her husband wants to marry again. In her reply, she has also stated that due to assault, no serious injury was caused to her. The petitioner is a constable in B.S.F., posted at Guwahati in Assam and is being frequently transferred and posted at different places. 2 Learned counsel for the petitioner submits that the complainant wants to live together with the petitioner at the place of posting which the petitioner finds difficult in view of his service conditions and it is for this reason that the present complaint has been filed after 8 years of marriage. Taking into consideration the aforesaid facts, let the petitioner, namely Dhiraj Prasad Singh in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Nawadah in connection with Complaint Case No. 187/2011 subject to the conditions as laid down under Section 438(2) Cr. P.C. Sanjeet/ (Ashwani Kumar Singh, J.)