IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.19891 of 2010 MD.SARFARAZ ALAM @ MD.SARAFRAZ son of Late Md. Mustaque Alam Versus STATE OF BIHAR ----------- 2/ 14.06.2010 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under sections 341, 323, 498-A/34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act. The prosecution case is that there was marital discord between the informant and the petitioner on account of which the informant had earlier filed a case and on compromise she started living with the petitioner once again. However, even after the assurance given by the petitioner that he would keep the informant properly, he failed to do so and, therefore, the present case was instituted. Submission is that in the facts of the case the informant could have filed an application for cancellation of bail and institution of a fresh case is totally meaningless. In view of such, in the event of surrender of the petitioner, named above, within four weeks from today in connection with Habibpur P.S. Case No. 05 of 2010, he shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/-(five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, subject to conditions as laid down under section 438 (2) Cr. P.C., and (i)That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving - 2 - genealogy as to how he is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii)That the petitioner shall undertake to be represented on the first date after cognizance and in case he fails to do so, his bail bond will be liable to be cancelled and (iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)