IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45043 of 2008 MOHAMMAD ASHFAQ, son of Usman Mian, resident of village- Bathua Bujurg, Tola-Sinhma, P.S.-Musrigharari, District-Samastipur -- -----------------------------------------------------------------------Petitioner. Versus STATE OF BIHAR ----------- 6. 12.5.2009 Heard learned counsel for the petitioner and the State. The submission of learned counsel for the petitioner is that though petitioner in the capacity of husband has been alleged for demand of dowry and a complaint was lodged willing to reside with the petitioner. She left his house. A Panchyati was held in which in compliance of the will of the complainant, husband divorced her. She again remarried and is residing with her newly wedded husband. Even then for ulterior motive this case is continuing and petitioner is apprehending his arrest which can never be justified. I agree with the submission of the learned counsel. Accordingly, in the event of arrest or surrender within one month from today in Complaint Case no.581 of 2007, Trial no.2561 of 2008, the above named petitioner shall be released 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 Chief Judicial Magistrate, Vaishali at Hajipur , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )