IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43509 of 2008 SANJAY KUMAR, S/o- Musafir Jamadar, Resident of Village- Horilbigha (Pathalapokhar), Police Station- Ghoshi, District- Jehanabad :---- Petitioner. Versus STATE OF BIHAR:-----Opposite Party ----------- 04. 20.04.2009. Heard learned counsel for the petitioner and the State. Petitioner husband is apprehending his arrest in connection with a case registered for the offence under Section 498A and other allied Sections of the Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. It is submitted on his behalf that the complainant Sarita Devi is presently married to Arvind Bind, son of Jogi Bind of Village- Kurmiya Bigha, P.S. Hilsa in the District of Nalanda with whom she has ¾ children. Let the petitioner Sanjay Kumar appear in the court below and state the aforesaid facts on affidavit on or before 1.5.2009, whereafter he be admitted to the privilege of provisional bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Sri R.K.Pandey, Judicial Magistrate, 1st Class, Hilsa (Nalanda) in connection with Complaint Case No. 165C of 1998 and notice be issued to Sarita Devi and after she appears, aforesaid factual position be confronted to her. In the event court below is satisfied that Sarita Devi is married to Arvind Bind then provisional bail - 2 - allowed to the petitioner be confirmed, otherwise the court below shall pass order for taking the petitioner in custody and proceed in accordance with law. This application is, accordingly, disposed of. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. P.K.P. (V.N.Sinha,J.)