IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22211 of 2011 Jayesh Kumar, son of Sri Rameshwar Prasad, resident of Mohalla-Mahatma Gandhi Nagar, Near Buddha Dental College, P.S.-Patrakar Nagar, District-Patna. …………..Petitioner. Versus 1. The State of Bihar 2. Manni Kumari, wife of Jayesh Kumar, D/o Sri Krishna Prasad @ Jhakhar Singh at present residing at village and P.O.-Pabhera, P.S.-Dhanarua, District-Patna. ----------- 2/- 13.07.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. Apprehending his arrest in connection with Patrkar Nagar P.S. Case No. 72 of 2011 registered for the offence under sections 498A, 379, 323, 34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act, the petitioner has prayed for grant of bail. As per prosecution case, allegation is that the informant was subjected to cruelty on account of non- fulfillment of demand of dowry. Learned counsel for the petitioner submits that from paragraph 8 of the complaint petition, it would transpire that the complainant has raised suspicion on the character of the petitioner and has gone to the extent of alleging that the petitioner is having illicit relationship with his step-mother. He further submits that there is absolutely no truth behind the allegation levelled in the F.I.R. The informant is a high-handed lady and she is herself subjecting the petitioner to cruelty. Learned counsel for the petitioner submits that the present case was registered on 1.4.2011 whereas the petitioner had already instituted a matrimonial case for a decree of divorce on 29.3.2011 which was prior in time. Learned counsel for the State opposes the prayer for grant of bail. Taking into consideration the aforesaid submissions made on behalf of the parties, let the petitioner, namely Jayesh Kumar in the event of his arrest or surrender before the Court below within a period of four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Patrakar Nagar P.S. Case No. 72 of 2011. Sanjeet/- (Ashwani Kumar Singh, J. )