IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44756 of 2008 MD.SHAMSHER ALAM @ SHAMSHER ALAM Versus STATE OF BIHAR ----------- 3. 1.12.2008 Heard Sri Krishna Prasad Singh, Senior Advocate for the petitioner and the learned A.P.P. for the State. The case is under Section 498A IPC and the fact is not required to be noted down in the present order. Suffice it to mention that the petitioner had approached to this court to a petition under Section 438 Cr.P.C. which was disposed of vide order dated 18.6.2008 passed in Cr.Misc.Petition No.22875 of 2008. The petitioner had impressed upon the court that he had compromised all his differences with his wife. Considering the above submission the court has directed the petitioner to surrender in the court below and if the court below was satisfied about the contention of compromise and resolution of the differences, then the petitioner could be admitted to bail. The petitioner’s prayer for bail appears dismissed by both the courts below which indicates that the plea taken by the petitioner was either not - 2 - correct or the lady has not compromised with the petitioner. The lady was married only on 18th may, 2004 and the petition of complaint was filed in 2007 with allegations of illtreatment and torture with further allegation that on account of working in a Saloon in which the ladies were also working, the petitioner had developed some intimacy with them and as such, illtreating the lady with further allegation that the petitioner was demanding an amount of Rs.50,000/- from her father. The lady was assaulted and then ousted from the matrimonial house. Considering the conduct of the petitioner which he appears not true and the luridly with lurid behaviour against the petitioner by his wife, I am not inclined to direct the release of the above named petitioner on bail. Petition is dismissed. B.Kr. ( Dharnidhar Jha, J. )