IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35144 of 2009 SUBODH KUMAR, SON OF SRI PRATAP RAI, RESIDENT OF VILLAGE-28 NAYA TOLA, NAYA GANJ, P.S. DESARI, DISTRICT VAISHALI AT HAJIPUR. --- PETITIONER Versus 1. THE STATE OF BIHAR 2. MANJU DEVI, WIFE OF SUBODH KUMAR, RESIDENT OF VILLAGE-28 TOLA, NAYA GANJ, P.S. DESARI, DISTRICT VAISHALI AT PRESENT RESIDING AT VILLAGE KATANIYA, P.S. MAHUA, DISTRICT VAISHALI. --- OPPOSITE PARTIES ----------- 4 21.7.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the informant. Petitioner is apprehending his arrest in a case under Sections 406, 494, 498A and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The allegation is that there was a demand of dowry and ill treatment meted out to the complainant due to which she has lodged this case. It has further been alleged that the petitioner is said to have married on Mamta Devi, D/o Yogendra Rai, Resident of village Gyaspur, P.S. Fatuha, District Patna. The Sessions Judge has also recorded that the petitioner has accepted that he has re-married. Counsel for the petitioner submits that it is error of record and that the petitioner had not made any statement accepting the fact that he has re-married. A counter affidavit has been filed on behalf of the informant in which it is said that Mamta Kumari is a resident of P.S. Bakhtiyarpur. Counsel for the petitioner submits that the story that the petitioner has entered into a second marriage is completely false as it would be apparent from the fact that the address given in the complaint/information petition is different to that as stated in the 2 counter affidavit. It is lastly submitted that the petitioner works in a border area and is not able to remain in village as a result of which his wife is dissatisfied with the entire set up and has therefore, left her home voluntarily. Be that as it may, petitioner Subodh Kumar is directed to be released on anticipatory bail in the event of his arrest or surrender within a period of six weeks in connection with Desari P.S. Case No. 83 of 2009 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur subject to the conditions laid down under Section 438(2) of the Cr.P.C. Sanjay (Sheema Ali Khan, J.)