IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15790 of 2010 PRABHAT KUMAR Versus STATE OF BIHAR & ANR ----------- 03. 06.07.2010 Petitioner is apprehending his arrest in a case registered under Sections 323, 341, 498(A)/34 I.P.C. and Section ¾ of the Dowry Prohibition Act. The informant is the daughter of the tractor driver of the grand-father of the petitioner. It is alleged that the petitioner was abducted by the father of the informant on 06.07.2000 for which the father of the petitioner lodged a case being Nadriganj P.S. Case No. 53 of 2000 on 07.07.2010 under Section 364 I.P.C. as contained in Annexure-2 against the father of the present informant but subsequently petitioner was recovered on 12.07.2000 and his 164 Cr.P.C. statement was recorded in Nadriganj P.S. Case No. 53 of 2000. In 164 Cr.P.C. statement petitioner has stated in paragraph 2 that he was forcefully married at the hands of the father of the informant. Subsequently chargesheet was submitted against the informant’s family but some good sense prevailed and the criminal case was compromised. It is further submitted that on 21.07.2000 the matrimonial suit was filed under the wrong advise and 2 subsequently Title Suit No. 15 of 2003 was filed on behalf of the petitioner for declaring the marriage nul and void. It is further submitted that 498A I.P.C. case was lodged earlier on 10.03.2008 in which the petitioner is on Anticipatory bail and the order of cognizance was stayed being challenged before this Hon’ble Court. It is further submitted that on 19.01.2010 an application has been filed on behalf of the informant for vacating the interim order of stay. The present case has been lodged alleging that the marriage took place five years ago. Learned counsel for the informant has submitted that some reconciliation should be done in the matter. In view of the chequered carrier of the case, I do not think any reconciliation is possible at this stage. Considering the submissions, it appears that the informant has not lodged this case with clean hand and has suppressed of the material facts particularly that earlier 498A I.P.C. matter is pending and wrong statement has been made before the learned Court below that earlier 498A I.P.C. matter was compromised. In that view of the matter, let the petitioner namely Prabhat Kumar, in the event of his arrest or surrender before the Court below within a period of 12 3 weeks from today, be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawadah in connection with Hisua P.S. Case No. 5 of 2010. Shageer ( Dinesh Kumar Singh, J.)