IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21984 of 2010 DINESH KUMAR YADAV @ DINESH SINGH Versus STATE OF BIHAR ----------- 2 01.07.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State and learned counsel for the complainant. The petitioner is in custody in connection with Complaint Case No. 459(C) of 2009 for offences punishable under Sections 323, 498(A), 406, 504 and 34 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act. Learned counsel submits that though the marriage has taken place on 17.2.2004 but the complaint has been instituted five years thereafter by the father of the wife of the petitioner alleging harassment and torture of his daughter at the hands of the petitioner and his family members. Learned counsel submits that a general allegation regarding demand of dowry has been set out in the complaint. It is submitted that the daughter of the complainant herself left the matrimonial home on 8.10.2005 and has not returned to her matrimonial home. On the contrary, her father has chosen to 2 institute the present case four years thereafter. Learned counsel thus submits that the petitioner has wrongfully been involved in the present proceeding. Learned counsel for the informant opposes the prayer of the petitioner and submits that the wife of this petitioner was always prepared to stay in her matrimonial house but the conditions were made as such that she was forced to leave her matrimonial house. He further submits that even today the wife of this petitioner is ready to return to her matrimonial house provided her safety is ensured. As the dispute between the contesting parties is mainly arising from a matrimonial discord, I am of the opinion that no fruitful purpose would be served in keeping the husband behind the bar nor can there be any chance or attempt of a possible resolution of the dispute. Taking into consideration the circumstances, let the petitioner namely, Dinesh Kumar Yadav @ Dinesh Singh be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like 3 amount to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Complaint Case No. 459(C) of 2009. In the circumstances that the complaint case has been instituted at the instance the father of the estranged wife of this petitioner and taking into consideration the submission of learned counsel for the complainant that his daughter was ready to return to her matrimonial house provided her life and liberty is secured, I would further like to add that the learned Court below in seisin of the matter shall make all possible efforts for a possible resolution of the dispute between the concerned parties i.e. the petitioner and the daughter of the complainant namely Kumari Nirma. Bibhash ( Jyoti Saran, J.)