IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22532 of 2009 SANTOSH CHAUDHARY (MALLAH) Versus STATE OF BIHAR & ANR ----------- 5 31.3.2010 Heard Dr. Amrendra Kumar, learned counsel appearing for the petitioner, Mr. Dineshwar Mishra, learned counsel appearing for O.P. no.2 and Mr. Akbar Ali, learned A.P.P. for the State. Petitioner apprehends his arrest in connection with complaint case no. 843 of 2008 corresponding to trial No. 1719 of 2008, pending in the court of S.D.J.M, Kaimur at Bhabhua in which cognizance has been taken under section 498 A, 323 of the Indian Penal Code and ¾ Dowry Prohibition Act. Petitioner is the husband of the complainant. There is allegation of demand of dowry and torture against him. From the perusal of the complaint petition it is apparent that prior to this case another complaint petition was filed by the complainant for offence under section 498 A of the Indian Penal Code and some other allied offences and that complaint petition was compromised between the parties. This complaint petition shows that the petitioner is in habit in repeating the crime. Learned counsel for the complainant as also State have opposed the prayer made on behalf of the petitioner for grant of anticipatory bail. The matter was heard earlier on 16.3.2010 and was adjourned for about a week enabling the parties to arrive at a compromise , but it is reported to this Court that there is no chance of reconciliation between the parties. In the aforesaid back ground, the prayer for anticipatory bail made on behalf of the petitioner is rejected. He must surrender in the court - 2 - below within the period of four weeks from today and if so advised, may seek regular bail. If such a petition is filed, the same may be disposed of on its own merit without being prejudiced by the present order. (Birendra Prasad Verma, J) M.Rahman