IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37969 of 2008 SUBHASH KUMAR RAI @ SUBHASH RAI S/o- Sri Ram Pukar Rai , R/o- Village – Bairampur, P.S. – Biraul, District - Darbhanga Versus STATE OF BIHAR & ANR ----------- 2. 28.11.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered for the offences under Sections 323, 406, 400, 307, 498A, 494 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act. It is submitted that although the specific allegation have been made against the petitioner that he did not perform the duty of the husband for a period of 9 years with the complainant. As a matter of fact, she could not born any child from her wed lock. However, allegation against the petitioner is that he married with another lady at the place of his work. It is further submitted that as matter of fact, complainant desirous to live with the petitioner and the petitioner also wants to keep the complainant decently. Learned counsel for the State, submits that there is specific allegation against the petitioner that he committed the cruelty as alleged in the complaint. - 2 - Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for anticipatory bail on behalf of the petitioner is rejected. Jagdish/- (Shailesh Kumar Singh,J)