IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3603 of 2010 Anil Kumar @ Anjani Kumar, son of Sri Rajendra Singh, Resident of Kalyanpur, Police Station Fatua, District-Patna. ……..Petitioner. Versus The State of Bihar ………………………….Opposite Party. ----------- 3. 12. 04. 2010. Heard Mr. Sudhir Singh, learned counsel appearing on behalf of the petitioner and Mr. D. Mehta, learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Complaint Case C.A. No. 386/08 arising out of Fatua P.S. Case No. 200/08, in which cognizance has been taken under Section 498 A of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that complainant is in a habit of filing of criminal case against the petitioner who happens to be her husband. According to him, originally a Complaint Case No. 3662/06 vide Annexure-2 was filed on 18. 12. 2006 and that matter was ended in a compromise. Thereafter, the complainant was living in her Sasural. Subsequently after two years she filed a petition in the court on 24. 07. 2008, vide Annexure-4 and also filed a petition before the Police on 25. 07. 2008, vide Annexure-5 that she wanted to go to her parents house voluntarily. Thereafter, on 30. 7. 08 , a F.I.R. was lodged against the petitioner vide Annexure-1 making allegation of demand of dowry and torture. The case was thoroughly investigated and finally Police submitted Final Report on 26. 11. 2008, vide Annexure-6, 2 whereafter on the basis of present protest petition vide Annexure-1, cognizance has been taken against the petitioner. It is submitted by the learned counsel for the petitioner that serious nature of allegations made in the protest petition vide Annexure-1 were not there in the original F.I.R. filed on 30. 07. 2008 and therefore, according to him, prosecution allegation against the petitioner is not at all believable. Learned counsel for the State has opposed the prayer for grant of anticipatory bail made on behalf of the petitioner on the ground that petitioner is the husband of the complainant. Be that as it may in the background of the case set forth above and particularly on the ground that criminal case lodged by the complainant was found to be false by the Police vide Annexure- 6, in the event of his arrest/surrender within a period of four weeks from today, the petitioner, namely, Anil Kumar @ Anjani Kumar, 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 Chief Judicial Magistrate, Patna, in connection with C.A. Case No. 386/2008 arising out of Fatua P.S. Case No. 200/08, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)