IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32430 of 2010 NITISH CHOUDHARY Versus STATE OF BIHAR ----------- 2. 20.09.2010 Heard learned counsel for the petitioner and the State. The petitioner being husband is languishing in jail custody since 18.1.2007 in a case registered under Sections 304(B)/201/34 of the Indian Penal Code. It is alleged against the petitioner and other family members of making dowry demand and for non- fulfillment of the same the victim was killed. It is submitted that marriage took place in the year 1999 where as F.I.R. suggests that the marriage took place four years prior to the occurrence. In 2002 victim filed complain Case No. 584 C of 2002 under Sections 498A, 323, 379/34 I.P.C. and Section ¾ Dowry Prohibition Act in which husband was made accused moreover in paragraph no. 1 of the complaint it was asserted that victim was married to the petitioner in 1999. F.I.R. suggests that no specific allegations have been levelled against the petitioner rather omnibus allegations have been levelled against all the family members but the fact of filing of complaint of 2002 has been suppressed in the F.I.R. and the date of marriage has also been wrongly stated. 2 Learned counsel Mr. Mehta submits that the charge sheet has been submitted under Sections 304B, 201 and 34 of the Indian Penal Code. The impugned order does not reflect that the complaint lodged in the year 2002 has been considered. Considering the contradiction between the present case and the complaint lodged in the year 2002, let the petitioner namely, Nitish Choudhary 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 A.C.J.M. Hilsa, Nalanda in connection with Hilsa P.S. Case No. 9 of 2010. Anand Kr. (Dinesh Kumar Singh, J.)