IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22305 of 2008 MD.NAUSHAD Versus STATE OF BIHAR ----------- 5. 13.08.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered for the offences under Sections 498(A) 406, 315 and 316 of the Indian Penal Code and under Section ¾ of the Dowry Prohibition Act. It is submitted that the present complaint case has been filed for ulterior purpose as would be apparent from the informatory petition filed by the petitioner stating about the differences with the complainant, as the complainant wants to reside with her parents family and that is the root cause of the differences between the parties. It is further submitted that the allegation of demand of motorcycle is a stereo type of allegation since there would be no occasion for this petitioner to demand a motorcycle for the reasons that the petitioner had already purchased a motorcycle on 23rd of November 2005 after taking loan from the bank. As such, demanding the motorcycle immediately after few days of the marriage which was solemnized on 27th of November 2005 is doubtful. Notwithstanding the above, it is submitted that the petitioner has been always ready to keep the complainant, even today, as legally wedded wife with decent manner. Learned counsel for the complainant has filed a counter affidavit wherein the alleged cruelty causing injury to the complainant has been narrated. It is further submitted that earlier also a panchayti was held and the petitioner executed a bond to the effect that he will - 2 - be keeping the informant with full dignity but the petitioner discarded the same. As such, the complainant does not want to live with the petitioner apprehending danger to her life. Having considered the submissions as noted above and the materials brought on record, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, namely, Md. Naushad be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Town P.S. Case No. 21 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- (Shailesh Kumar Sinha,J)