IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.28045 OF 2009 BASIR MIAN @ BASIR AHMAD, SON OF KHALIL MIAN, RESIDENT OF VILLAGE MEHADIA, BAHUARWA, POLICE STATION CHANPATIA, DISTRICT WEST CHAMPARAN VERSUS THE STATE OF BIHAR ********* 2 27/10/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The complainant was married to the petitioner’s elder brother about 12 years ago. The petitioner’s brother disappeared and after some time she was married to the younger brother i.e. the petitioner. The marriage took place eight years ago. Learned Counsel for the petitioner submits that the petitioner was working as a labourer in Jammu & Kashmir and he had taken his wife along with him to Jammu & Kashmir. It is further submitted that the petitioner has two children who are living with his parents and the present case has been lodged as an afterthought to take some undue advantage from the petitioner and his family. It appears from the certificate issued by the doctor at Rajopuri in Jammu & Kashmir that the deceased died due to heart attack. Four other co-accused have already been granted anticipatory bail by this Court vide order dated 2 17.11.2008 passed in Criminal Misc. No. 34927 of 2008. Learned APP emphasized that already eight years have passed since the second marriage had taken place and it is difficult to believe that after eight years of marriage, there will be a demand of dowry in the facts and circumstances of the case. Be that as it may, the above named petitioner is directed to be released on anticipatory bail in the event of his arrest/surrender before the Court below within a period of four weeks from today in Chanpatia Police Station Case No. 26 of 2008 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah (West Champaran) subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. ANAND ( Sheema Ali Khan, J. )