IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7411 of 2010 MANOJ BHAGAT @ MANOJ KUMAR SON OF DHARAM NATH BHAGAT, RESIDENT OF VILLAGE ABHUCHAK, P.S. SARIYA, DISTRICT MUZAFFARPUR. Versus 1. THE STATE OF BIHAR 2. KANTI DEVI WIFE OF MANOJ BHAGAT, DAUGHTER OF SHIV NANDAN BHAGAT, RESIDENT OF VILLAGE ABHUCHAK, P.S. SARAIYA, DISTT. MUZAFFARPUR, AT PRESENT RESIDING ON UDAYPUR, P.S. SARAIYA, DISTRICT MUZAFFARPUR. ----------- For the petitioner : Mr. Sunil Kumar Patna, Advocate. For the State : Mr. Ram Priya Sharan Singh, A.P.P. --------- 2/ 18.03.2010 Heard learned counsel for the petitioner and learned Addl. P.P. for the State. Petitioner apprehends his arrest in a complaint case in which cognizance has been taken under section 498A of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act. It is submitted by learned counsel for the petitioner that though the petitioner is husband but the complainant herself is not prepared to live with him as his legally married wife on the allegation that the petitioner is an impotent person and to buttress his submission he has drawn my attention towards the document, the agreement arrived at between the parties, vide Annexure-2, to show that both parties have agreed to live separately. It is submitted that subsequently the present case has been filed on the instigation of some other persons. Be that as it may, considering the facts and - 2 - circumstances of the case, let the above named petitioner, in the event of arrest or surrender in the court below within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate (West), Muzaffarpur in Complaint Case No. 360 of 2007, subject to conditions as laid down under section 438(2) of the Cr.P.C. ( Birendra Prasad Verma, J ) BTiwary/