IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13223 of 2011 1. JANAK MUKHIA S/O LATE DARPI MUKHIA. 2. CHHATHU MUKHIA S/O LATE DARPI MUKHIA. 3. FULO DEVI W/O LATE DARPI MUKHIA. Versus THE STATE OF BIHAR & ANR ----------- 02 10.05.2011 Heard learned counsels for the petitioners and the State. Petitioner no. 1 being husband and petitioner nos. 2 and 3 being younger brother and mother of the husband are apprehending their arrest in a complaint case in which cognizance has been taken under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The accusation is of demand of dowry and torture. It appears that the marriage was performed ten years prior to the lodging of the complaint. The complainant in Solemn Affirmation has admitted that she has been residing in parents house since last 1 and half years. It is submitted by the learned counsel for the petitioners that now the complainant has married with one Bharat Mukhiya and is not perusing the present complaint petition. Considering the aforesaid 2 facts, let the petitioner nos. 2 and 3, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Birpur (Supaul), in connection with Complaint Case No. 363 of 2007, subject to conditions as laid down under Section 438(2) Cr.P.C. Let petitioner no. 1, in the event of his arrest or surrender before the learned court below within a period of 12 weeks from today, be released on provisional bail for six months, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial, Magistrate, Birpur (Supaul), in connection with Complaint Case No. 363 of 2007, subject to conditions as laid down under Section 438(2) Cr.P.C. Let the learned court below issue notice to complainant and on her appearance if the complainant files an affidavit 3 stating therein that she has not performed second marriage and she is willing to resume the conjugal life, the petitioner will take the complainant to her matrimonial house and keep her as wife with full dignity and honour. The provisional anticipatory bail of petitioner no. 1 will be confirmed by the learned court below on substantial restoration of the matrimonial harmony within a period of six months, or she deliberately refuses to reside with the petitioner no. 1. Safik ( Dinesh Kumar Singh, J.)