IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37122 of 2009 Mustafa, son of Late Amiruddin, resident of Village- Raghunathpur, P.S. Abadpur, District-Katihar….Petitoner. Versus 1. The State of Bihar. 2. Nazima Khatoon, D/o Nazimuddin, R/o Village-Raghunathpur, P.S. Abadpur, District-Katihar…………….Opposite Party. ----------- 4. 12. 04. 2010. Heard Mr. Md. Helal Ahmad, learned counsel appearing on behalf of the petitioner and Mr. Md. Ghayasuddin Khan, learned counsel appearing on behalf of O.P. No. 2 as also Mr. Brajendra Nath Pandey, learned Additional Public Prosecutor for the State. The matter was heard at length on 31. 03. 2010. The matter was adjourned for enabling the petitioner and O.P. No. 2 as also their respective counsels to sit together and to find out the modalities for settlement of the entire disputes between the parties. Unfortunately, it has been informed to the Court that compromise could not be arrived at between the parties and therefore, the matter has been heard on merit. The petitioner apprehends his arrest in connection with Complaint Case No. CA 3516/2008, in which cognizance has been taken under Section 498 A of the Indian Penal Code and Section 4 of Dowry Prohibition Act. The petitioner is the husband of the complainant and according to the prosecution case, there is allegation of demand of dowry of Rs. 40,000/-. There is not only allegation of physical and mental torture rather it is alleged that the petitioner sprinkled 2 kerosene oil on the body of the complainant and attempted to put her on fire, but she was saved due to arrival of the neighbour. However, finally she was driven out from her matrimonial house. Learned counsel for the petitioner submits that he has divorced the complainant but that fact is being denied by learned counsel appearing on behalf of O. P. No. 2. In the aforesaid background and in view of serious nature of allegation as also in view of non-compliance of the direction of the Court, prayer for grant of anticipatory bail is dismissed. The petitioner must surrender within a period of four weeks from today in the court below and if so advised, seek regular bail which may be disposed of on its own merit. m.p. ( Birendra Prasad Verma, J.)