IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10199 of 2011 SHAILESH KUMAR OJHA @ SANTOSH OJHA SON OF RAM PRASANAN OJHA. Versus 1. THE STATE OF BIHAR 2. MUNNA DEVI @ MAAN DEVI. ----------- 2 19.04.2011 Heard learned counsels for the petitioner and the informant. The petitioner being the husband is apprehending his arrest in a complaint case in which cognizance has been taken under Sections 323, 341 and 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The marriage was performed in the year 2003. There is allegation of demand of dowry and torture against the petitioner. It appears that the application under Section 13(B) of the Hindu Marriage Act was filed for the consent dissolution of the marriage on 09.10.2009 in which consent decree was passed on 5th of July, 2010. The present complaint has been filed on 22.05.2010. It is submitted by learned counsel for the complainant that by keeping the wife captive, the - 2 - consent decree of divorce has been obtained, but, it is also admitted that the consent decree of divorce has not been challenged by the wife till date. Considering the fact that the marriage has been dissolved on the basis of joint application filed prior to the lodging of the present complaint, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Bikramganj, District Rohtas in connection with Complaint Case No. 408/2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh Kumar Singh, J.)