IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19776 of 2010 AMIT AGARWAL, S/O SIR SAJJAN AGARWAL R/O OF 440, SARAT CHATTERJEE ROAD, BATAITALLA BAZAR, P.S. SHIBPUR, DISTRICT HOWRAH, AT PRESENT RESIDING AT B-702, WHITE HOUSE, BUDHA MARG, P.S. KOTWALI, IN THE TOWN AND DISTRICT OF PATNA …... PETITIONER Versus STATE OF BIHAR …….. O.P. ----------- For the Petitioner: Mr. Shivajee Pandey,Sr.Advocate For the State : Mr. Raj Ballabh Singh, A.P.P --------- 2. 21.06.2010 Heard the parties. The petitioner apprehends his arrest in a case registered for an offence under Section 498A/34 of the Indian Penal code as also under Section ¾ of the Dowry Prohibition Act. The petitioner happens to be husband of the informant and in the First Information Report vide Annexure-1 there is allegation of demand of dowry and torture against the petitioner besides other accused persons. It is submitted by learned counsel for the petitioner that as a matter of fact entire prosecution allegation against the petitioner is false and concocted one. Though it is admitted that petitioner was married to the informant on 27.04.2008 but because of cruelty and certain incurable disease of the informant, the petitioner filed Matrimonial (Divorce) Case No. 294 of 2009 vide Annexure-2, seeking his divorce with the informant in terms of Section 13 of the Hindu Marriage Act. In the aforesaid matrimonial suit, the present informant has been added as Opposite Party and notice was issued to her and accordingly, she entered appearance in the aforesaid 2 matrimonial suit on 05.12.2009. Effort for reconciliation was made by learned Principal Judge, Family Court, Patna on 06.02.2010, but that did not succeed where after the present case vide Annexure-1 was filed on 15.03.2010 against the petitioner and others. In the aforesaid facts and circumstances and particularly in view of filing of a matrimonial suit earlier prior to lodging of the present F.I.R. vide Annexure-1, in the event of arrest or surrender in the court below within four weeks from today, the above name petitioners shall be enlarged on bail on furnishing bail-bond of Rs. 10,000/-(ten thousand)with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Kadamkuan P.S. Case No. 83 of 2010 subject to the condition laid down under Section 438(2) Cr.P.C. Praveen (Birendra Prasad Verma,J.)