IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12667 of 2010 BINOD PASWAN @ BINOD KUMAR PASWAN, son of Shiv Shankar Paswan, resident of B.N.Railway Colony, QuarterNo.24-B ,village and P.S.-Manihari, District- Katihar. .. .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioner : Mr. Najmul Hoda, Advocate For the State: : Mr. Madhuranand Jha, Addl.P.P. ------------ 02/ 13-05-2010 Heard the parties. In a criminal prosecution for the offence under Section 498A of the Indian Penal Code, petitioner is the husband of the complainant and there is allegation of demand of dowry and torture against him. Learned counsel for the petitioner submits that, as a matter of fact, prior to filing of the present case vide Annexure-1 the petitioner had filed Divorce Case No.22 of 2009 in the court of the learned Principal Judge, Family Court, Katihar in terms of Section 13 of the Hindu Marriage Act. The petition for divorce has been brought on record as Annexure-3, which appears to have been filed on 24-01-2009. The present complaint case appears to have been filed on 19-03-2009. It is also submitted that, as a matter of fact, the complainant is having love affairs with her brother-in-law and is living with him as his wife and, therefore, there is no possibility of restoration of matrimonial relationship between the petitioner and the complainant. Be that as it may, in view of the fact that divorce case 2 was filed earlier and thereafter the present complaint case was filed, in that view of the matter, in the event of arrest/surrender within a period of four weeks from today in Complaint Case No.721 of 2009, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Katihar, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)