IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1550 of 2009 AMIT KUMAR PANDEY, S/O- SRI RAMAKANT PANDEY, R/O- VILLAGE/MOHALLA JANKI NIWAS, DHIYA KHATAL, P.O. ISM, P.S. DHANBAD, DISTRICT – DHANBAD (JHARKHAND) Versus STATE OF BIHAR ----------- 2. 24.03.2009 Heard the learned counsel for the petitioner and State. Learned counsel for the father of the complainant has appeared and filed Vakalatnama. The offence alleged is under Sections 498A of the Indian Penal Code. It is submitted that beside the petitioner who is husband of the complainant, his father and mother have also been made accused. The present complaint was filed on the behest of the in-laws of the petitioner as the complainant was desirous of living with the petitioner. She was killed alongwith her two children in the parent’s house itself for which F.I.R. vide Sohsarai P.S. Case No. 117 of 2008 as contained in Annexure-9 has been lodged against the father of the complainant as well as her brother and mother. He further submits that the allegation levelled against the petitioner of demand of T.V. etc. is absolutely false as the petitioner himself purchased the T.V. and given to the sons of the complainant. He further submits that the application of - 2 - restitution of conjugal rights was filed by the petitioner. However, after the killing of the wife of the petitioner said proceedings became infructuous. Learned counsel for the State submits that although there is allegation of demand in the complaint, however, an application for restitution of conjugal rights was also filed by the petitioner. There is also a criminal case against the father of the complainant as contained in Annexure-9 for the offence under Section 302, 201/34 of the Indian Penal Code. Learned counsel appearing on behalf of the father of the complainant submits that he has no instruction with regard to the said police case as contained in Annexure-9. However, in the present case allegations are levelled against the petitioner as well and as such, he does not deserve to be granted anticipatory bail. Considering the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, named above be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub- Divisional Judicial Magistrate, Nalanda at Biharsharif in connection with Complaint Case No. 1440 (c) of 2007 - 3 - subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- (Shailesh Kumar Sinha,J)