IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45306 of 2008 SANJAY KUMAR S/O LATE MAHENDRA PRASAD SINGH R/O VILL. NAND GOLA, P.S. GHOURAIYA, DIST. BANKA A/P R/O VILL.,P.O AND P.S. ALAMNAGAR, DIST. MADHEPURA. --- PETITIONER Versus 1. STATE OF BIHAR 2. ASHWINI KUMARI W/O SANJAY KUMAR, VILL.& P.S. ALAM- NAGAR, DIST. MADHEPURA, A/P D/O BABULAL SINGH, VILL. MIRPUR, P.S. BARIYARPUR, DISTT. MONGHYR. ----------- For the petitioner: Mr. Sidhendra Narayan Singh,Advocate. 04. 20.04.2009 Heard both sides. The sole petitioner seeks anticipatory bail in a case instituted under Sections 323,504, 498-A of the Penal Code and Section 3 of Dowry Prohibition Act. Learned counsel for the petitioner highlighted the findings recorded by the learned Sessions Judge which reads thus: “The petitioner is husband of the complainant. There is general and omnibus allegation of demand of dowry and torture for the same. The demand started after birth of two sons of the complainant and especially by the elder brother and wife of the brother of this petitioner. It appears that the parties had agreed to live together and had gone together from the court. But today the husband is physically present and wife is not present. According to husband, she was not ready to live with him and hence she left his company on the way.” In spite of notice learned counsel for the opposite party has not chosen to appear today. In the facts and circumstances of the case, this court is inclined to admit the petitioner to anticipatory bail. In the 2 event of his arrest or surrender within a period of four weeks from today before the court below above named petitioner 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 to the satisfaction of the Sub Divisional Judicial Magistrate, Madhepura in connection with complaint Case No. 661-C/2005, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Sym/ (Kishore K. Mandal, J.)