IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47197 of 2008 RAJESH KUMAR SINGH @ RAJESH SINGH @ GUDDU SINGH,son of Sri Nagina Singh @ Devendra Rai,resident of village-Tabhka, P.S.- Bibhutipur in the district of Samastipur. Versus 1. THE STATE OF BIHAR 2. Kumkum Kumari,wife of Sri Rajesh Singh @ Guddu Singh and daughter of Sri Mahendra Singh,resident of village Tabhaka,P.S.- Pachhabaritola,P.S.-Bibhutipur in the district of Samastipur; presently resideing in village Jagatpura,P.S.- Matihani in the district of Begusarai. ----------- 08/ 24-08-2009 Heard learned counsel for the petitioner and the State. In the case demand, torture for its non-fulfilment followed by another marriage is doubted on the ground that in reality informant left her matrimonial house and finding desertion on her behalf for a period from 1999 till 2007 petitioner married another girl. So, the liability if can be about his marrying another girl but apprehending arrest for accusation of demand of dowry and causing of cruelty for non-fulfilment of demand is not justifeable. In any case allegation does not justify refusal of petitioner’s prayer for anticipatory bail. I agree with the submission. In the discussed facts and circumstances, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from the date of receipt/production of a copy of this order in Matihani P.S.Case No.41 of 2008, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction 2 of the Chief Judicial Magistrate, Begusarai, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )