IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34850 of 2006 SANJEEV KUMAR SHARMA Versus STATE OF BIHAR ----------- 2. 02.07.2008 This Court by order dated 11.4.2007 granted provisional bail to the petitioner during hearing of this anticipatory bail application. The court below appears to have modified the order of this Court by limiting the duration of the provisional bail in time which this Court had not directed. At this stage the Court would not like to observe anything further in the matter, The petitioner is the husband apprehending arrest in a complaint case under Sections 498A and other provisions of the Penal Code and Sections ¾ of the Dowry Prohibition Act. In the order dated 27.9.2007 it has been noticed that the parties were residing together and matrimonial harmony had been restored. The order of Chief Judicial Magistrate, Banka dated 25.8.2007 is very unfortunate to say the least. The present prosecution raises more of a human problem than a criminal offence, strictly speaking. Learned Counsels for the petitioner and the complainant jointly submitted that both are residing as man and wife under one roof with their children. The order of the CJM without verification of facts and consideration of these materials creates a piquant situation where the law assumes the role of a oppressor and the court proceedings are devoid of justice. The order is mechanical and displays complete non application of mind. The provisional bail granted to the petitioner by order dated 11.4.2007 in Amarpur PS Case no. 45 of 2006 pending before the CJM Banka is hereby confirmed. Snkumar/- (Navin Sinha,J.)