IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45966 of 2009 AMIT SHEKHAR Versus STATE OF BIHAR ----------- 2 11.03.2010. Heard learned counsel for the petitioner, the complainant and the State. Petitioner who happens to be husband of complainant apprehends his arrest in Complaint case no. 1208C of 2009 dated 5.5.2009 under sections 313, 323,406, 498A and 120B of the Penal Code on the allegation that he and his family members demanded dowry and tortured the complainant, though in the marriage ceremonised on 8.12.2007, a sum of Rs. 7 lakhs had been given to the petitioner side in form of cash and gift. After a year of marriage, petitioner filed Matrimonial case no. 757/2008 for decree of divorce against the complainant. Learned counsel for the petitioner submits that the instant case is aftermath of the matrimonial case filed by him. Furthermore, the complainant had also filed another case being Complaint case no. 42/2009 dated 12.1.2009 u/s 313,323,498A and 379/34 I.P.C. against the petitioner and his family prior to the instant complaint. He submits that there cannot be two prosecutions in respect of same occurrence. Learned counsel for the complainant submits that she is still willing to stay with the petitioner and she has filed a petition for withdrawal of Complaint case no. 42/2009. Having heard the parties and taking into account the fact - 2 - and circumstances of the case, including the fact that that matrimonial case has been filed earlier to the instant complaint, the prayer for bail of the petitioner is allowed. Let the petitioner as above be released on bail in case he surrenders within six weeks from today on furnishing bail bond of Rs.5000/- with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Patna in Complaint case no. 1208C of 2009. The petitioner submits that his parents, namely, Sri Vijay Kant Pathak and Smt Chanda Pandey who too are accused in the instant case, would attend court regularly, save and except for valid reasons. In the circumstances, it is observed that father of petitioner will not be absent physically for two consecutive dates till three witnesses are examined in trial. It goes without saying that it is always open to the parties to come to a negotiation. Shashi. (Samarendra Pratap Singh,J.)