IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19831 of 2010 PAPPU MISTRI @ SUNIL KUMAR SHARMA S/O Late Sri Mistri, R/O vill./Mohalla- Panchshil Nagar,ward(near Masjid), Police Station, Distt. Patna. …………………Petitioner VERSUS STATE OF BIHAR ………………..............O.P. ----------- For the petitioner: Mr. Pramod Kumar, Advocate. For the State : Mr. Uday Chand Pd., A.P.P. 2. 22.06.2010 Heard the parties. The petitioner apprehends his arrest in a complaint case, in which cognizance has been taken under sections 498A and 323 of the Indian Penal Code. The petitioner happens to be husband of the complainant. According to complaint petition, the petitioner was married with the complainant in the year 2003 in a temple and thereafter, they lived together happily for sometime and were blessed with a daughter. Subsequently, the petitioner is alleged to have made a further demand of dowry of Rs. 50,000/- in cash and due to non- fulfillment of aforesaid demand of dowry, she was assaulted by the petitioner and other accused persons. On 24.10.2007, in the night, accused persons are further alleged to have assaulted the complainant and finally she was driven out from her matrimonial home. Learned counsel for the petitioner submits that petitioner is ready to keep the complainant as his legally wedded wife with all dignity, comfort, honour and safety. From the perusal of the impugned order passed by the Sessions Judge, it appears that the petitioner and the complainant had appeared there personally and endeavor was made for 2 reconciliation but due to rigid stand of the petitioner reconciliation could not succeed. Learned counsel for the State had strongly opposed the prayer for anticipatory bail and has submitted that in the background of the case, the petitioner does not deserve the privilege of anticipatory bail particularly when he was not sincerely willing to have a compromise with the complainant. In the aforesaid facts and circumstances of the case, the prayer for anticipatory bail made on behalf of the petitioner is rejected. The petitioner must surrender in the court below within a period of four weeks from today in connection with Complaint Case No. 549(C)/2007 pending in the court of Additional Chief Judicial Magistrtate, Barh, Patna and seek regular bail, if so advised. However, if the petitioner enters into a compromise with the complainant and shows his sincere willingness to keep her as his legally wedded wife with all dignity, comfort, honour and safety and if any compromise petition is filed jointly by both sides to that effect, then prayer for regular bail may be considered by learned court below in the light of the aforesaid compromise. Praveen ( Birendra Prasad Verma,J.)