IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11143 of 2009 ANUJ RAM, son of Ram Chandra Ram, Resident of Village-Yogipur, Police Station-Nagar Nausa, District-Nalanda. ……..Petitioner Versus 1. The State Of Bihar 2. Baby Devi, wife of Anuj Ram, Resident of Village-Yogipur, Police Station-HIlsa, District-Nalanda, Presently Resident of Village-Kalyan Bigha, P.S.-Harnout, District-Nalanda. …….Opposite Parties. ----------- 03. 08.09.2009 Petitioner apprehends arrest in Complaint Case No. 527C of 2007 instituted under Section 498(A) of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act which is pending before S.D.J.M., Hilsa, Nalanda. In the complaint petition, it is alleged that the parties were married in the year 1999 and the complaint is being filed in 2007 alleging that on failure to fulfill dowry demand the petitioner had married again. After second marriage the complainant has been thrown out of her house. Learned counsel for the petitioner points out that there is no prosecution of the petitioner for alleged second marriage. He submits that in spite of eight years of marriage the complainant was unable to conceive and give birth to a child. She was medically treated and finding that she could not bear a child she has consented the petitioner to remarry second time so that he could have a child. But once the marriage took place she has filed the - 2 - present case only as retaliation. The complainant has appeared and she has not complied to oppose the fact that she was being medically examined and treated for infertility. Be that as it may, let the petitioner namely Anuj Ram, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Hilsa, Nalanda in connection with Complaint Case No. 527’C’ of 2007 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Shageer (Navaniti Prasad Singh, J)