IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.33951 OF 2009 LALLU MANJHI, SON OF DUKHAN MANJHI, RESIDENT OF VILLAGE ILAHIBAD, POLICE STATION SAMPATCHAK, DISTRICT PATNA VERSUS THE STATE OF BIHAR ********** 2 07/11/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is apprehending his arrest in a case under Section 498A, 494 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The petitioner is the husband of the complainant and their marriage took place 10 years prior to the lodging of this case. It is submitted that the husband of the complainant is living with three children whereas the wife-victim lady has one child with her. She alleges that she suspects that her husband is having affairs with another lady and thus she does not want to live with her husband. It is submitted that merely on suspicion that her husband has an affair, cannot be a ground for alleging that the petitioner has made a demand for dowry. In any event, sending the petitioner to jail will not lead to any fruitful result. - 2 - Be that as it may, the above named petitioner is directed to be released on anticipatory bail in the event of arrest/surrender before the Court below within a period of six weeks from today in Complaint Case No. 154 C of 2007 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Hilsa (Nalanda) subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J.)