IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8270 of 2009 Md.Zahid Ansari, Son of Zaheer Ansari, resident of Mohalla-Habibpur, P.S.-Shahebganj, District-Shahebganj. -Petitioners. VERSUS 1. The State of Bihar. 2. Safina Khatoon, W/o-Md. Zahid Ansari, resident of Mohalla-Habibpur, P.S.-Shahebganj, District-Shahebganj, presently residing at vill.-Shaktighat P.S.-Jhajha, District-Jamui. -Opposite Parties. ----------- 03 16.09.2009 The petitioner is the husband, who apprehends his arrest in Complaint Case No.383C of 2008 instituted under Section 498A of the Indian Penal Code read with Section ¾ of the Dowry Prohibition Act. The complainant was married to the petitioner on 28.11.2005. In her complaint, she alleges that both the husband and wife used to stay in Jamui district but the husband refused to do any work so much so she was blessed with a twin girls. He refused to provide for them because of which one of them died. She went her Sasural which is in Sahebganj district but then was tortured and thrown out of the house. On the other hand, learned counsel for the petitioner submits that the actual problem is that the lady, complainant does not want to live in Sahebganj, rather wants the petitioner to stay as Gharjamai, otherwise there is hardly any dispute in the matter. The husband states that because of this difference ordinarily he would have considered to divorce the lady, but considering the child he does not used to do so. He is ready to keep the lady with full dignity as a wife. Considering the aforesaid, in my view, it would be just and proper to direct that in the event of arrest/surrender within four weeks from to-day, the petitioner above-named shall be released on bail on his - 2 - furnishing a bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of S.D.J.M., Jamui in connection with Complaint Case No.383C of 2008, subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code. However, it is made clear that if the complainant herself complains to the Trial Court about any physical torture by the petitioner being meted out to the complainant the learned Trial Court would enquire into the matter and pass appropriate orders in this regard. Trivedi/ (Navaniti Prasad Singh, J.)