IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33425 of 2009 KAUSHAL PANDIT @ KAUSHAL KUMAR, SON OF PARAS PANDIT, RESIDENT OF JADHUA, P.S. TOWSN HAJIPUR, DISTRICT VAISHALI. --- PETITIONER Versus 1. THE STATE OF BIHAR 2. MAMTA KUMARI, D/o MAHESH PANDIT, RESIDENT OF JADHUA, P.S. TOWN HAJIPUR, DISTRICT VAISHALI --- OPPOSITE PARTIES ----------- 2 6.11.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner apprehends his arrest in a case under Section 498(A) of the Indian Penal Code. A complaint was lodged for kidnapping of the victim girl. She is said to have given her statement under Section 164 of the Code of Criminal Procedure on 13.2.2008 stating that she had gone to her maternal grand mother’s house because her parents were quarreling with each other. In that statement she has not disclosed that she was married to Kaushal Pandit @ Kaushal Kumar. Subsequently the present case has filed under Sections 498(A), 376, 323 and 504 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act in which it is claimed that she was married with the petitioner on 22.11.2007 and that the petitioner along with in-laws were not accepting her as a daughter-in-law. It is also stated that she lived with the petitioner for 22 days and after that they demanded dowry and threw her out of the house. It is submitted that in the earlier statement under Section 164 of the Code of Criminal Procedure she has stated that she had gone to her grand mother’s house subsequently claims that she lived 2 with the petitioner for 22 days appears to be contradictory. Be that as it may, petitioner Kaushal Pandit @ Kaushal Kumar is directed to be released on anticipatory bail in the event of his arrest or surrender within a period of six weeks in connection with Complaint Case No. 713(c)/2008 (Trial No. 299/2009) on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur subject to the conditions laid down under Section 438(2) of the Cr.P.C. Sanjay (Sheema Ali Khan, J.)