IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4376 of 2008 KABINDRA MOHAN DUBEY Versus THE STATE OF BIHAR ----------- 3 16.05.2008 Heard both sides. The petitioner is husband, has approached this Court for grant of anticipatory bail in connection with a complaint case lodged under sections 498A and 323 of I.P.C. and sections 3/4 of Dowry Prohibition Act. It appears that marriage was performed on 23.6.2006. Immediately thereafter the husband (petitioner) filed an application for dissolution of marriage on the ground mentioned therein which gave rise to Matrimonial case no. 79/2006 (Annexure-2). It has been submitted that because of the said case as also of the complaint case subsequently lodged by the brother of the petitioner, the present case has been filed . Counsel for the informant draws attention of this Court to the averments made in paragraph no. 8 of the present bail petition which is quoted herein below: “That despite all these cases filed by the complainant the petitioner and his family members are ready to keep the complainant with them if it is proved by the petitioner or his family members that the complainant is a lady of sound mind.” Having considered the submission and after going through the records, this Court is of the view of that the petitioner has been able to make out a case for grant of anticipatory bail. - 2 - In the event of arrest or surrender in the Court below within a period of four weeks, petitioner Kabindra Mohan Dubey will be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Bhagalpur in connection with Complaint Case no. 629/2007. The Court, for the present, can only observe that the petitioner shall faithfully and sincerely abide by the statements which have been made herein above and in the event the girl is medically examined and proved to be a person of sound mind, he will accept the lady as his wife. pkj ( Kishore K. Mandal, J )