IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17818 of 2010 UPENDRA KUMAR Versus THE STATE OF BIHAR & ANR ----------- 02. 20.05.2010. Heard the learned counsel, Sri Ashok Kumar Mishra on behalf of the petitioner, who apprehends his arrest in Complaint Case No.1117(C) of 2008 under Section 323, 379, 498(A)/34 of I.P.C. and Section ¾ of Dowry Prohibition Act. Heard the learned A.P.P. on behalf of the State also. According to the complainant his sister Rinku Devi was married with the petitioner in the year 2003 and thereafter she was being subjected to cruelty in connection with demand of dowry. The panchayati was held and on payment of Rs.10,000/-, the accused persons took here to matrimonial house but subsequently again they started torturing. The further allegation is that in presence of witnesses, she was assaulted brutally and in the night of 30th August, 2008, the accused persons tried to set fire on her after pouring kerosene oil. The learned counsel for the petitioner submitted that in fact the mental condition of the sister of the complainant is abnormal and concealing that fact she was married with the petitioner. The petitioner treated her in mental hospital, Kanke, Ranchi. 2 Subsequently, when mental condition of the sister of the complainant did not improve, the petitioner filed Divorce Case No.54 of 2008 on 20.06.2008 and in retaliation to that, divorce case after 3 months, the present complaints has been filed by the brother of Rinku Devi wherein it has been mentioned that the mental condition of Rinku Devi is abnormal. All these grounds, the learned counsel submitted that the this is a fit case where the petitioner should be granted anticipatory bail. On the other hand, the learned A.P.P. objected the prayer for anticipatory bail. Considering the allegation against the petitioner that his wife was being subject to cruelty in connection with demand of dowry and because of repeated assault, the mental condition of Rinku Devi deteriorated. The petitioner is husband and, therefore, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the Interlocutory Bail Application is rejected. If the petitioner will surrender before the Court below and regular bail application is filed, the learned Court below shall consider the facts of this case without being prejudiced by the order of this Court. Sanjeev/- (Mungeshwar Sahoo,J.)