IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13072 of 2010 BINOD MANDAL, SON OF LATE BHUNESHWAR MANDAL, RESIDENT OF VILLAGE- SUKAILA, P.S. MANULAHIPATTI, DISTRICT- ARARIA. . Versus 1. STATE OF BIHAR. 2. POONAM DEVI WIFE OF BINOD MANDAL DAUGHTER OF DEV NARAYAN MANDAL RESIDENT OF VILLAGE JAMUVANI, P.S. BHARGAMA, DISTRICT- ARARIA. ----------- 6. 03.03.2011 Heard the parties. The petitioner is husband and apprehends arrest in Complaint Case No. 3634 (C) of 2008 pending before the Chief Judicial Magistrate, Araria for offence under section 498A instituted by opposite party no. 2 the complainant being the wife. It is alleged that the parties were married in the year 2000. The complaint is being filed in the year 2008, alleging that after marriage a son was born. The complainant was being mistreated and thrown out of the house for demand of dowry. Petitioner move for anticipatory bail before the Sessions Judge and Sessions Judge has rejected the application. Application merely holding that the husband was responsible, as such did not deserve for anticipatory bail. I regret that such attitude is not conducive to the interest of justice. It is not a mere criminal case that is being dealt with it is a social problem by denying anticipatory bail. The learned Judge is only adding fuel to fire instead distinguishing it. This court issued notice and - 2 - directed the complainant to personally present, though the husband has been appearing the complaint has not appeared though is represented by the lawyer. Be that as it may, in the event of arrest/surrender within four weeks from the date of receipt/production of a copy of this order petitioner, namely, Binod Mandal is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Complaint Case No. 3634 (C) of 2008, subject to the conditions as laid down under section 438(2) Cr.P.C. Devendra/ ( Navaniti Prasad Singh, J. )