IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44329 of 2009 UMESH KUMAR Versus THE STATE OF BIHAR ----------- 4/ 19.04.2010 Heard learned counsel for the petitioner and the State as well as learned counsel for the informant. The petitioner, who is husband, apprehends his arrest in a case registered for the offence under section 498A of the Penal Code and 3 / 4 of the D.P.Act. The complainant alleged that the accused persons along with the petitioner tortured the daughter of the informant for demand of dowry. Learned counsel for the petitioner submits that the daughter of the complainant is not capable of co- habitation, being impotent. Therefore, petitioner has filed divorce case. The informant submits that the medical report controverts the claim of the husband that she is impotent. Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail is rejected. However, if the petitioner surrenders before the court below ( S.D.J.M., Patana, in Complaint Case No. 1459 ( C ) 2008 and seek regular bail within six weeks from today, the same would be disposed of on its own merit , preferably on the same day, without being prejudiced by the orders of - 2 - this Court. ( Samarendra Pratap Singh, J ) BTiwary/