IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1035 of 2011 DHANANJAY KUMAR VERMA, S/o Late Ranjit Rai Verma, R/o Sough Chandmari Road, P.S. Kankarbag, Distt.-Patna Versus THE STATE OF BIHAR ----------- 3. 19.01.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This is an application for anticipatory bail in connection with Complaint Case no. 1081 (C) of 2009 for the offences punishable under Sections 323, 341 and 498A of the Indian Penal Code. With regard to the petitioner and due to ill behaviour, torture and for demand of dowry, it is alleged that on 16.4.2009 the accused came and started assaulting brutally. Due to that assault her teeth was broken. Learned counsel for the petitioner submits that earlier the petitioner had filed a case under Section 498A and in that connection, this Court even after calling the complainant and going through the acted material even tried to conceal the petitioner in the presence of the complainant hence ultimately granted bail in connection with Kankarbag P.S. Case no. 389 of 2008 in Cri. Misc. No. 18569 of 2009. Learned counsel for the opposite party however, contended that earlier bail was granted by the High Court in connection with Complaint Case no. 1081 (C) of 2009 even after the date of occurrence in this complaint case on 28.09.2010 and submitted that the petitioner has not subjected to cruelty and taken care of the wife and his two children. Having regard to the facts and circumstances of the case, the 2 petitioner above named, in the event of surrender/arrest in the court below within four weeks from the date of receipt of a copy of this order, shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Court of Smt. Gyanti Kumari J.M. Ist Class, Patna, in connection with Kankarbag P.S. Case no. 389 of 2008, subject to the conditions that he has to appear in the lower court on each and every date of hearing to similar case, in absence he will file a petition for the ground of his absence and the absence will be permissible subject to the satisfaction of the Magistrate concerned. However, in absence of any specific reason there shall be a ground for cancellation of bail and the court shall proceed with the facts. However, the grievance of the petitioner, that if she be left on road or not having maintenance, for that she have remedy under the Domestic Violence Act regarding the right of residence and right of maintenance, if such petition is filed . The learned Magistrate shall consider and pass the order in accordance with law. Amit ( Gopal Prasad, J.)