IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43540 of 2009 Rupesh Kumar alias Rupesh Singh, son of Ramadhar Singh, Resident of Village- Anand Golwan, Police Station- Mohiuddin Nagar, District- Samastipur…………………….Petitioner. Versus 1. The State of Bihar. 2. Pinki Devi, D/o Upendra Singh, resident of Village- Sakraudha, P.S. Nalanda, District-Nalanda. …Opposite Parties. For the petitioner :- Mr. Chandra Bhushan Das, Advocate. For the O.P. No. 2 :- Mr. Anil Kumar Singh, Advocate. For the State :- Mr. Umesh Lal Verma, A.P.P. ----------- 5. 27. 04. 2010. A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. Heard the parties. The petitioner apprehends his arrest in connection with Nalanda P.S. Case No. 13 of 2009 dated 24. 02. 2009, registered under Sections 341, 313, 323 and 498 A/34 of the Indian Penal Code as also Section 3/4 of Dowry Prohibition Act. According to the prosecution case, the petitioner is the husband of the informant. There is specific allegation of demand of dowry of Rs. 1,00,000/- and a motorcycle and on refusal, the informant was assaulted by the accused persons and she was finally driven out from her Sasural. The informant was pregnant and because of assault made by the accused persons there has been miscarriage to her. It is submitted by the learned counsel for the petitioner that, though he is the husband, but the allegation of torture is not against him rather it is against other co-accused persons. 2 Learned counsel for the informant has strongly opposed the prayer for anticipatory made on behalf of the petitioner and has pointed out that despite undertaking given on behalf of the petitioner on 01. 04. 2010 and again on 20. 04. 2010, the petitioner is not physically present in the Court, though O.P. No. 2 is present even today. Taking into consideration the fact that the petitioner is the husband of the informant and he is solely responsible for the well being of his wife (informant) and further he is not prepared to pay respect even to the order passed by this Court, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. It is accordingly, dismissed. The petitioner must surrender in the court below within a period of four weeks from today and seek regular, if so advised. m.p. ( Birendra Prasad Verma, J.)