IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14936 of 2011 Shailesh Kumar Versus The State Of Bihar ----------- 04. 14.09.2011 Petitioner being the husband is apprehending his arrest in a complaint case in which cognizance has been taken under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The petitioner and opposite party no.2 are present. The complainant claims the marriage being solemnized on 12.05.2007. The accusation is of torture and demand of dowry for which the complaint was filed on 04.12.2007. It is submitted that subsequently the petitioner filed a substantive police case being Krishna Puri P.S. Case No. 01/2011 on 03.01.2011. In the said case, the charge sheet has been submitted against the complainant under Section 494 of the Indian Penal Code when during the investigation, the police found that the complainant has performed second marriage. The certified copy of the charge sheet has been produced, let it be kept on record. Para 45 of the case diary of the said case reflects that the 2 complainant was on maternity leave from 28.05.2009 to 21.08.2009 which reflects the petitioner’s contention that the complainant has performed second marriage. It appears that the complainant has also filed a case against the petitioner under Section 379 of the Indian Penal Code and a divorce case is also pending. Considering the fact that the substantive case has been found prima facie true under Section 494 of the Indian Penal Code by the police against the opposite party no.2, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Complaint Case No. 3379 (C) of 2007 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Amrendra/ (Dinesh Kumar Singh, J)