IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8194 of 2011 BADRE ALAM Versus THE STATE OF BIHAR ----------- 5 17.05.2011 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending his arrest in a complaint case in which cognizance has been taken under Section 498A of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act. The accusation is of torture. The claim of the petitioner is that he has already divorced the complainant and is ready to return Den Mohar and other amount. Since, the parties agreed for dissolution of the marriage, but only for the quantum of the money to be offered by the petitioner, the matter was adjourned on 28.04.2011. In pursuance to the said order learned Sr. counsel for the petitioner submits that petitioner is ready to give Rs. 3,50,000/- to the complainant through cheque which, on instruction, will be received by the learned counsel for the opposite party no.2. If the learned counsel for the opposite party 2 no.2 will not receive the cheque, then the bank draft of the said amount will be submitted before the learned court below which will be released in favour of the opposite party no.2. It is agreed between the parties that within two weeks of the encashment of the cheque amount, the opposite party will file appropriate application for withdrawal of the present case. Considering the aforesaid facts, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Complaint Case No. 1159/2009, subject to the conditions as laid down under Section 438(2) Cr.P.C. None encashment of the cheque will give liberty to the complainant to file appropriate application for cancellation of the bail of the petitioner. Amrendra/- (Dinesh Kumar Singh, J.) 3