IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37851 of 2009 DINESH KUMAR, SON OF SURESH NARAIN, RESIDENT OF VILLAGE SULTANPUR, P.S. DANAPUR, DISTRICT PATNA. ----- PETITIONER Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ----------- 2 21.12.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner who is the husband is apprehending his arrest in a case under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The allegation in the complaint is that the petitioner is said to have tried to kill her wife and she was admitted in the P.M.C.H, Patna and has given ‘Beyan’ before the Officer Incharge of Pirbahore Police Station. It is said that the case was not registered because her father-in-law is working in Danapur Court. Learned counsel for the petitioner submits that the allegations are false and fabricated. The application has been filed before the women cell. It is further submitted that the petitioner was married earlier and after the death of his wife he has married for the second time. The petitioner also has a son from the informant and from the first wife. The defence raised on behalf of the petitioner is that the lady in question had tortured his first child and misbehaved with every one in the family and has left her house one year prior to filing of this case. The petitioner has already filed an application for restitution of conjugal rights a year earlier and as such it is submitted that the allegation prima facie do not appear to be true. 2 Be that as it may, petitioner Dinesh Kumar is directed to be released on anticipatory bail in the event of his arrest or surrender within a period of six weeks in Danapur P.S. Case No. 151 of 2009 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the A.C.J.M., Danapur subject to the conditions laid down under Section 438(2) of the Cr.P.C. Sanjay (Sheema Ali Khan, J.)