IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37536 of 2010 BIRMANI KUMAR @ CHANDAN Versus STATE OF BIHAR ----------- 3 02.12.2010 Heard learned counsel for the petitioner as well as learned counsel for the state. Petitioner is in custody since 13/02/2010 in connection with Complaint Case No. 451 of 2007 for the offences punishable under section 498A and 323 of the Indian Penal Code as well as section 4 of Dowry Prohibition Act pending in the court of Sub Divisional Judicial Magistrate, Patna City. Petitioner is husband of the complainant and his marriage had taken place with the complainant in the year, 2005 but later on, some dispute arose between the parties and complainant started residing at her parental house. In course of hearing, Learned counsel for the petitioner drew my attention towards the deposition of complainant recorded in Matrimonial Proceeding bearing No. 200 of 2008 pending in the court of Family Judge, Patna and submitted that in the aforesaid deposition, the complainant very clearly stated that she would reside with petitioner, if he resides with her parents. Learned counsel for the petitioner further submitted that as a matter of fact, the complainant does not want to reside at a village of petitioner 2 rather she is more interested to reside with her parents. The contents of complaint petition reveals that the allegation of assault centers around the mother-in-law, sister-in-law of the complainant. Considering the aforesaid facts and circumstances as well as submissions of the parties, the petitioner, namely, Birmani Kumar @ Chandan is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 451 of 2007 to the satisfaction of Sub Divisional Judicial Magistrate, Patna City. AKV/- ( Hemant Kumar Srivastava,J.)