IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.888 of 2011 AHMAD RAZA, son of Manzoor Alam, resident of Village-Banaul, P.S. Nanpur, District- Sitamarhi… ………Petitioner Versus 1. THE STATE OF BIHAR, 2. Nasima Khatoon, Daughter of Md. Naim, resident of Village-Madhopur, P.S. Katra, District-Muzaffarpur. …..Opposite Parties For the Petitioner : Mr. Pushpendra Kr. Singh, Advocate For opposite Party No.2: Mr. S. Parasman, Advocate …………… 4 16.03.2011 Heard learned counsel for the petitioner and opposite party No.2. Petitioner apprehends his arrest in a case registered for offences punishable under Section 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. There is allegation of torture for demand of gold chain and Motorcycle as dowry against the petitioner. It is submitted on behalf of the petitioner that immediately after the marriage in the year 2008, the relationship between husband and wife deteriorated and there has been arbitration also. Such documents have been brought on record as Annexures-2 and 3, which, according to the petitioner, have been signed by the arbitrator and the Panches and the family members of 2 both sides. Learned counsel further submits that the complainant-O.P. No.2 has also filed a petition before the police signed by her as well as her family members. Subsequently, a compromise petition has also been filed before the court concerned which is also signed by the complainant as well as her father, mother and family members. It is urged that a stand has been taken in all the aforesaid documents that the parties want to live separately. It is also submitted that the present complaint case has been filed by the complainant-O.P. No.2 with a view to harass the petitioner. Learned counsel appearing for opposite party No.2 submits that her signature had been taken on a blank paper and that is being used by the petitioner and for that purpose, she has also filed a petition before the court below stating that she is not interested in compromise. However, it is pointed out by the petitioner that on such petition also bears signatures and thumb impressions put by the family members including the father and mother of the complainant. However, in the facts and circumstances of the case and also considering the fact that parties are not 3 aggreable to live with each other, the provisional anticipatory bail earlier granted to the petitioner, namely, Ahmad Raza, vide order dated 12.01.2011 is hereby made absolute. Accordingly, this application stands allowed. Sanjay-II ( Dr. Ravi Ranjan, J)