IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32641 of 2011 Kripa Shankar Diwedi, son of Sri Awadhesh Dubey, resident of village – Ojha Bigha, P.S. – Kaler, District – Arwal. ---------- Petitioner. Versus 1. The State of Bihar 2. Seema Devi, W/o – Kripa Shankar Diwedi, D/o – Devendra Pandey, resident of village – Ojha Bigha, P.S. – Kaler, District – Arwal. -----Opposite Parties. ******** 03. 22.11.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Complaint Case No. 65/2011, Tr. No. 1651/2011 for the offences under Section 498A of the Indian Penal Code and 4 of Dowry Prohibition Act, is one of the named accused in this case being husband of the complaint with allegation of demand of dowry, torture etc. Submission is that under compelling circumstances petitioner initially filed an application under Section 9 of the Hindu Marriage Act, but with the same proved fruitless subsequently filed application under Section 13 of the Act and obtained ex parte decree. Since in spite of service on summons etc, the complainant Opposite Party no. 2 evaded appearance and thereafter he has not only another wife but a son through her. No doubt, on behalf of opposite party no. 2 Misc. Case No. 32/2011 has already been filed before Principal Judge, Family Court, Jehanabad, seeking annulment of earlier ex parte decree of divorce passed wherein next date fixed is 09.12.2011 and it is assured on behalf of the petitioner that he will be physically present there on the date fixed. Taking into consideration all such aspects, in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Jehanabad, in connection with Complaint Case No. 65/2011, Tr. No. 1651/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)