IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25056 of 2009 MD.SHAHJAHAN @ SHAHJAHAN Versus STATE OF BIHAR ----------- 2 2.9.2009 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in connection with Dighal Bank P.S.Case No.73/2007 for the offence punishable under Section 376 of Indian Penal code. Petitioner had earlier approached this Court for grant of anticipatory bail which was rejected on 2.9.2008 passed in Cr.Misc.No.5237/2008(Annexure-1). It is submitted that the allegation of committing rape and demand of dowry was made by the complainant. As a matter of fact, admittedly the petitioner married the complainant and started living as husband and wife. However, due to some domestic difficulty the petitioner has to file an application for restitution of conjugal right and in retaliation to that the present complaint was filed. The petitioner was admittedly the husband. It was further submitted that during the investigation also the witnesses, save and except the interested witnesses, have not supported the case. The Police after investigation did not submit charge –sheet under Section 498A IPC. In the facts and circumstances, in the event of 2 arrest/surrender within four weeks from today, the petitioner named above shall 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 the Chief Judicial Magistrate, Kishanganj, in connection with Dighal Bank P.S.Case No.73/2007,subject to the conditions as laid down under Section 438(2)Cr.P.C. SKBOSE (Shailesh Kumar Sinha)