IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43940 of 2009 MANOJ KUMAR SINHA @ MUNNA Versus STATE OF BIHAR ----------- 2/ 19.02.2010 Heard learned counsel for the petitioner and the State. Petitioner, in capacity of husband, has been alleged for causing cruelty upon the informant even for non-fulfillment of demand of dowry, including other allegations and further he is apprehending his arrest for the offence under section 3(i) (x) of the Schedule Caste/Scheduled Tribe ( Prention of Atrocities) Act also for which it is said that there is no allegation upon the petitioner for committing offence under section 3(i) (x) of the Act as he never abused in name of informant’s caste. Section 498A of the I.P.C., in my view, appears not applicable as the ceremony which is said in observing marriage never be taken as custom of the parties, rather one of the forms not organized by law, that only vermilion was put to finalize the marriage. Considering the facts and circumstances, the prayer for anticipatory bail is allowed. In the event of arrest or surrender in the court below within a period of one month from the date of communication of this order, the petitioner, above-named, shall be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two - 2 - sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in connection with Halsi P.S. Case No. 51 of 2009 , subject to the conditions as laid down under section 438(2) of the Cr.P.C. ( Mandhata Singh, J ) BTiwary/