IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4925 of 2010 MANTU SAH, Son of Jagdish Sah Versus THE STATE OF BIHAR ----------- 2/ 30.03.2010 Heard learned counsel for the petitioner and the State. The petitioner, who is husband, apprehends his arrest in a case registered for the offence under Section 498 (A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Learned counsel has stated in paragraph 13 of the application that petitioner is deaf and dum and a handicapped person. Learned counsel further submits that his father had also filed complaint case against the brother of the complainant being Complaint Case no. 52 of 2009. Learned counsel further submits that the complainant, namely Baby Devi, is not his wife. Having heard the submissions made by the learned counsel for the petitioner, this Court passes the following order: If the petitioner surrenders within six weeks from today before the court below (Sub-Divisional Judicial Magistrate, Sasaram in connection with Complaint Case no. 50 of 2009), the learned Magistrate shall enlarge the petitioner on provisional bail to his satisfaction and the learned Magistrate will ascertain through aid of the doctor about the claim of the petitioner that his hearing is impaired. In case, the submission is found correct, the interim provisional bail granted to the petitioner would be confirmed. In case, the submission is not found correct, then the - 2 - learned Magistrate would dispose of the bail application on its own merit without being prejudiced by this order. This application is accordingly disposed of. Uday/ (Samarendra Pratap Singh, J.)