IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13878 of 2009 DR. RAZI AHMAD …………. Petitioner. Versus STATE OF BIHAR …………. Opp. Party. ----------- 03/ 22.05.2009 Heard both the sides. Yet another case of matrimonial dispute and ultimately being terminated by rendering Talak. The petitioner was married to the lady only on 28.2.2007 and it appears that the couple was enjoying the company of each other as they were moving from one place to the other to celebrate their marriage. The destination included some of the historical places in India and the Gulf. The lady coming back to Patna again on 15.3.2007 and from there going to Darbhanga on 1.4.2007 so as to staying there for two weeks. She came back to Patna and the petitioner husband transferred some money to her on two dates, that is, on 21.5.2007 and 26.6.2007. He further sent a Visa to her for taking a flight to Yaman on 4.7.2007. The lady went there. The petitioner by profession is a doctor and the lady as per the defence of the petitioner found a lady, who was engaged in the hospital as a Nurse and suspected the petitioner having illicit relation with her. - 2 - The petitioner contends that she flared up and demanded divorce and the petitioner divorced her in presence of two other doctors, who were posted in the same institution. Annexure-11 is the document. The settlement amount of Rs.10,00,000/- (ten lakhs) was paid, in the first installment of Rs.5,00,000/- (five lakhs) through one of the friends of the petitioner, who credited the sum into the account of the lady and was transferring remainder of the sum through a bank draft and also through reimbursement of the value of the car which price was deposited by the brother of the lady. The lady contends ill-treatment and torture and keeping a mistress. The petitioner in addition to the above defence also alleges that the lady was married prior to her marriage with the petitioner and that fact was concealed from the petitioner, which was confirmed by a deed maintained by the Imarat Sariya, Phulwarisharif and further it was a Khola. The learned counsel appearing for the complainant counters the submissions and submits that it was a Khola rather the marriage could not be consummated and as such it was not a marriage in the eye of law and as such there was no question of any Khola. The allegations of demand of - 3 - dowry by the petitioner and others are being made so as ultimately to torture the lady on account of non-fulfillment of the dowry. The allegation is of also not treating the complainant with respect and kindness and assaulting her and thereafter dispatching her to Patna. The allegations are a bit displaced by the submissions and the connected documents that the lady after reaching Patna was called to Yaman by sending a Visa and also by transfer of some money. Under these circumstances, it appears a fit case in which the direction should be issued to the court below for admitting the petitioner to anticipatory bail, either in the event of his arrest by the police or surrender before it, if he executes a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M,, Patna in connection with Complaint Case No. 653 (C) of 2008, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dharnidhar Jha, J.)