IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14068 of 2010 Jay Ram Sharma @ Jai Ram Sharma, son of Shiv Narayan Sharma, Resident of Village- Damodara, P.S. Tehia, in the District of Gaya. Presently residing at Abtar Hair Dressing Shop, Shop No.7 (Opposite of Sanjay Market), Civil Township, Rourkela, P.S. Raghunathpalli, District- Sundargarh, Orissa. ……..Petitioner. Versus 1. The State of Bihar 2. Rubi Devi, wife of Jai Ram Sharma daughter of Visheshwar Sharma , resident of Village-Donhda, P.S. Nardiganj, in the district of Nawada………………………Opposite Parties. For the petitioner :- Mr. Deepak Kumar, Advocate. For the State :- Mr. Ram Priya Sharan Singh, A.P.P. ----------- 2. 19. 05. 2010. Heard the parties. In a criminal prosecution for offence under Section 498A of the Indian Penal Code as also under Section 4 of the Dowry Prohibition Act, the petitioner happens to be husband of the complainant. In the complaint petition as contained in Anneuxre-1, though there is allegation of demand of dowry and torture against the petitioner, but it is submitted by the learned counsel for the petitioner that as a matter of fact, prior to filing of the present complaint petition on 12. 07. 2007, a decree of divorce in terms of Section 13 (1) of the Hindu Marriage Act had already been passed by judgment dated 4th January, 2007, vide Annexure-2. Therefore, it is submitted that there was/is no subsisting relationship of wife and husband between the complainant and the petitioner unless and until that decree of divorce is set aside either by the Appellate Court or some other competent Court. 2 In the aforesaid facts and circumstances, in the event of his arrest/surrender in the court below in connection with Complaint Case No. 457/2007, within a period of four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Nawada, subject to the conditions as laid down under Section 438(2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)