IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37735 of 2009 MD.HASAN @ GORE Versus STATE OF BIHAR ----------- 3/ 03.03.2010 Heard Mr. Shiv Shankar Sharma, learned counsel for the petitioner and Mr. Chandrasen Prasad Singh, learned APP for the state and Mr. Sanjay Kumar No. 7 for the informant. Petitioner is an accused in a case instituted under sections 448, 323, 376 and 498A of the IPC as also under sections 3 and 4 of the Dowry Prohibition Act. According to the prosecution case, there is allegation of commission of rape against the petitioner but subsequently, on the intervention of co villagers, the petitioner married with the complainant, the alleged victim, and they started living like wife and husband. Subsequently, it is alleged that other accused persons had made a demand of certain amount of dowry, but there is no such allegation against the petitioner in the complaint petition. Learned counsel for the petitioner states that the petitioner is prepared to keep the complainant/informant as wife with all dignity and honour. Learned counsel for the informant also submits that the complainant/informant is prepared to live as wife of the petitioner provided there is no further torture upon her. In the aforesaid facts and circumstances of the case, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs.10000/ (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M. Darbhanga in Kamtaul P.S. Case No. 12 - 2 - of 2009 subject to the condition that within two weeks from the date of release, the petitioner shall ensure that the complainant is taken to his house and she is kept there with all dignity and honour. If the petitioner does not comply with the aforesaid condition within the time stipulated, then it will be open to the complainant/informant to file a petition in the court below for cancellation of bail and if such a petition is filed, the court below shall be obliged to consider and dispose of the same after hearing all concerned. It is also made clear that if there is further torture upon the complainant/informant by the petitioner, then in that case also, the petitioner will be deemed to have misused the privilege of bail granted to him. Anil/ (Birendra Prasad Verma, J.)