IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.54914 of 2007 SHIV SHANKAR MAHTO Versus THE STATE OF BIHAR ----------- 03 15.05.2008 Heard both sides. Petitioner apprehends his arrest in a case lodged by way of complaint and recorded under section 498(A) and 4 of Dowry Prohibition Act. Learned Counsel for the petitioner submits that admittedly the marriage in the present case had taken place 17 years ago. It has further been submitted that the marriage has produced children. Some of them are even married. Learned counsel for the petitioner submits that earlier also the complainant had made identical complaints which was ultimately resulted in settlement and the complainant returned to the marital home. Learned counsel for the petitioner draws attention of this Court to the settlement/bond executed by the parties appearing at page 17 of the brief. On these facts it has been submitted that the complainant is in the habit of filing such complaint although the petitioner is always ready to keep her. In this regard learned counsel for the petitioner draws attention of this Court to the concluding portion of the plaint where the complainant has claimed ‘stridhan’. This Court taking into the fact that the marriage had taken place 17 years ago and there was previous complaint which resulted in compromise between the parties and also the 2 stand of the petitioner that he will make all sincere efforts to settle the dispute, this Court is prepared to give indulgence in favour of the petitioner namely, Shiv Shankar Mahto and accordingly in the event of his arrest or surrender within four weeks from today before the court below he shall be released on bail on furnishing bail bond of Rs. 10,000 ( ten thousand ) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah ( West Champaran) in connection with Complaint Case No.2112C of 2005, subject to the conditions laid down under section 438(2) Cr.P.C. Sym/ (Kishore K. Mandal, J.)