IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 22338 of 2009 Ritesh Kumar @ Sachin Kumar, son of Mahendra Rai, Resident of Village – Amharua, P S – Chouri, Dist – Bhojpur - Petitioner Versus State of Bihar - Opposite Party ----------- 2 31.07.2009 Heard. The informant is represented. Petitioner is the husband who apprehends arrest in Complaint Case No 2388C of 2008 pending before Subdivisional Judicial Magistrate, Ara registered under Section 498A of Indian Penal Code read with Section 4 of Dowry Prohibition Act. It is submitted that first the complainant filed a first information report giving rise to Chouri Police Station Case No 3 of 2008 but after investigation, police submitted final report. The present complaint is on basis of protest petition filed on which, after enquiry, learned Subdivisional Judicial Magistrate has taken cognizance for offence punishable under Section 498A of Indian Penal Code and Section 4 of the Dowry Prohibition Act. The parties were married in 2006. It is not in dispute that on 02.08.2007, petitioner had filed an informatory petition before the Chief Judicial Magistrate, Ara complaining against his wife and on 25.08.2007, petitioner filed a divorce case against his wife alleging that she was living in adultery with the son of her Chachera Mama. It is alleged that it is thereafter that the present case was instituted first before the police and then by way of complaint. On similar allegations, father of petitioner had already been granted anticipatory bail by the learned Sessions Judge, Bhojpur at Ara himself. 2 In the facts and circumstances of the case, if the petitioner abovenamed surrenders before the Court below within 4 weeks from today, he shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Subdivisional Judicial Magistrate, Bhojpur at Ara in Complaint Case No 2388C of 2008/Trial No 2895 of 2008 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)