IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45249 of 2010 PRAKASH KUMAR SINGHS/O- KRISHNA NAND SINGH Versus THE STATE OF BIHAR ----------- 2 26.03.2011 Heard learned counsel for the petitioner and the State. Petitioner is husband. He is seeking anticipatory bail in Jandaha P.S. Case No. 77 of 2010 instituted under Section 498A of Indian Penal Code. According to the prosecution case, the marriage was solmnised in the year 2008 whereafter a demand for Hero Honda motorcycle was made. On non-fulfillment thereof, she was subjected to cruelty and finally driven out of the matrimonial home after assault. Learned counsel, with reference to Annexure-3, submits that the date of birth of the petitioner is 11.1.1990. Prior to the institutioin of the present F.I.R., mother of the petitioner had lodged a complaint on 20.4.2010 against the father, brother and other family members of the informant which was subsequently treated as an F.I.R. vide Jandaha P.S. Case No. 135 of 2010 instituted under Sections 365, 347, 406 and 500 of Indian Penal Code which is pending investigation. It is submitted that as per the said case, the petitioner was forcibly lifted by the father and other family members of the informant and a kind of marriage was forced 2 on him. Having regard to the submissions and materials available on record, this Court disposes of the application by the following order: In the event of arrest or surrender in the Court below within a period of four weeks from today, he shall be released on bail till the conclusion of investigation of Jandaha P.S. Case No. 135 of 2010 on furnishing bail bonds of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 77 of 2010 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that one of the bailors shall be own close family member of the petitioner. This privilege shall be enjoyed by the petitioner till conclusion of investigation of Jandaha P.S. Case No. 135 of 2010. After conclusion of the investigation of the said case (Jandaha P.S. Case No. 135 of 2010), if need be, petitioner shall surrender and apply for regular bail in the Court below which shall be considered and disposed of in accordance with law. pkj ( Kishore K. Mandal, J)