IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12265 of 2010 Md. Shadab Malik @ shadab Hasan, son of Md. Kazim, Resident of Village- Navi Nagar, Kakrar, P.S.-Ariyari, in the District of Sheikhpura. Presently residing at Mohalla- Shepur, P.S. Bihar, in the district of Nalanda. …….Petitioner. Versus 1. The State of Bihar. 2. Reshma Praveen, wife of Md. Shadab Malik and daughter of Muzaffar Abu Syed, resident of Mohalla- Sherpur, P.S. Bihar, in the district of Nalanda. ……Opposite Party. For the petitioner :- Mr. Shakil Ahmad Khan, Sr.Advocate. Mr. Deepak Kumar, Advocate. For the Informant :- Mr. Anil Kumar No.1, Advocate. For the State :- Mr. U. S. P. Singh, A.P.P. ----------- 2. 07. 05. 2010. Heard the parties. In a criminal prosecution for offence under Sections 498 A and 379/34 of the Indian Penal Code, the petitioner is the husband of the informant Reshma Praveen. In the F.I.R. vide Annexure-1 there is allegation of demand of dowry of Rs. 2,00,000/- in cash as also for Tata Sumo vehicle. There is also allegation of assault and torture against the accused persons including the petitioner upon the informant. However, during the course of investigation, accusations against the petitioner were not supported by the independent witness rather it transpired that petitioner is allegedly impotent. Therefore, on close of investigation, Police submitted Final Report dated 29. 09. 2009 as a mistake of law. Accordingly, petitioner was not charge sheeted in that case. Learned Chief Judicial Magistrate disagreed with the aforesaid Police report and by order dated 27. 01. 2010, has 2 taken cognizance against the petitioner besides other accused persons for offence under Section 498 A of the Indian Penal Code and other allied offences. Taking into consideration the aforesaid aspect particularly about submission of Final Report Vide Annexure-4, in the event of his arrest/surrender in connection with Bihar P.S. Case No. 267/09 within a period of four weeks from today, the petitioner, namely, Md. Shadab Malik @ Shadab Hasan, shall be enlarged 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, Nalanda at Bihar Sharif, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)