IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38691 of 2010 FEKU KUMAR SAH, SON OF RAM SWAROOP SAH, RESIDENT OF VILLAGE- UPDHYA TOLA, P.S. CHANPATIA, DISTRICT- WEST CHAMPARAN AT BETTIAH --- PETITIONER. Versus 1. STATE OF BIHAR 2. ANITA DEVI D/O CHINTA SAH AND W/O FEKU KUMAR SAH, R/O VILL- UPADYA TOLA, P.S. CHANPATIA, DISTRICT- WEST CHAMPARAN AT BETTIAH – OPPP. PARTIES. ----------- 3/ 26-03-2011 Heard learned counsel for the petitioner and learned Addl. P.P. for the State. Despite issuance of notice, nobody is appearing on behalf of opposite party no.2. The petitioner apprehends his arrest in a criminal prosecution under sections 498A of the Indian Penal Code and section 4 of the Dowry Prohibition Act, based on a complaint petition. It is submitted that though there is allegation of demand of dowry and torture, but as a matter of fact, the marriage between the petitioner and the complainant was solemnized by concealing the fact that the complainant is a eunuch. The very basis of the marriage between the petitioner and the complainant is a result of fraud and concealment. It is further submitted that there is absolutely no question, of cohabitation and, to live together by the petitioner with the complainant, as husband and wife. Be that as it may, in the facts and circumstances 2 of the case, in the event of arrest or surrender within a period of four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bettiah in connection with Complaint Case No. 2289C of 2009, subject to conditions laid down under section 438(2) of the Cr.P.C. BTiwary/ ( Birendra Prasad Verma, J.)