IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42388 of 2010 MUKESH DAS Versus STATE OF BIHAR ----------- 02 01.04.2011 Heard learned counsel for the petitioner as well as the informant and the State. Petitioner is husband alleged for torture for demand of dowry is denied on the ground of filing of matrimonial case for restitution of conjugal rights and later divorce case. Photostat copy of the order-sheet of Matrimonial (Restitution of conjugal rights) Case Nos. 104 of 2009 is filed to show that parties compromised to live together but this complaint case is filed earlier to that and submission is that restitution case was withdrawn and divorce case is filed with divergent submissions that complainant went to this petitioner and eloped with his paramour and denied thereafter. While on behalf of informant it is submitted that even assurance to Court she was not taken by the petitioner. Gap between the two assurances given to Court to take back the complainant and filing of divorce case appears only skill, otherwise, restitution was sought, complainant was residing to her parent’s house, according to her on ouster of this petitioner and now there is justification of not bringing her back. There is 2 no material to believe that she was taken from the family court to matrimonial home from where she eloped. Considering the facts and circumstance of the case, prayer of the petitioner for anticipatory bail is rejected. Safik ( Mandhata Singh, J. )