IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10923 of 2010 CHHOTE LAL MUKHIYA Versus THE STATE OF BIHAR & ANR ----------- 2 22.4.2010 Heard the parties. Petitioner apprehends his arrest in connection with complaint Case No. 102 of 2009 corresponding to Tr. No. 409 of 2010 in which cognizance has been taken under section 498 A of the Indian Penal Code as also under section 4 of the Dowry prohibition Act. According to the prosecution case petitioner is husband and had married with the complainant in the year 1997 but till date there has been no issue from the said wed lock and there is allegation of demand of dowry and torture. Learned counsel for the petitioner submits that in fact the present complaint petition annexure-1 has been filed in retaliation of Matrimonial Suit No. 256A of 2008 filed by the petitioner. The aforesaid matrimonial suit was filed by the petitioner for restitution of his conjugal right with the complainant on 5.12.2008 and the complainant received the summons on 28.12.2008 and thereafter the present complaint petition annexure-1 was filed on 13.1.2009. It is further submitted that there are allegation and counter allegation against each other. According to the petitioner the complainant is baren lady and according to the complainant petitioner is impotent and is not capable of becoming a father and in the aforesaid background there is no possibility of restoration of matrimonial relationship between the petitioner and the complainant. Be that as it may, in the facts and circumstances of the case and - 2 - particularly in view of the fact that matrimonial suit was filed by the petitioner earlier and thereafter present complaint petition was filed, let the above named petitioner in the event of his arrest or surrender in the court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thouand0 with two sureties of like amount each to the satisfaction of S.D.J.M, Bettiah, West Champaran in connection with the above noted case, subject to the conditions laid down under section 438(2) Cr.P.C. (Birendra Prasad Verma, j) M.Rahman