IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39559 of 2008 AMIT RAY @ AMIT KUMAR RAY S/o- Sri Ranjit Ray, R/o- Village – Bachhwara, P.S.- Pakri, District – Balia (U.P) Present Address:- C.B.C.I.D. Mukhyalay Colony, Bika Ibkhand Near Malhor Railway Station Gomati Nagar Lucknow (U.P) Versus STATE OF BIHAR ----------- 2. 08.12.2008 Heard the parties. Petitioner is an accused in a case registered for the offences under Sections 498A of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act. The allegation against the petitioner is of demand and torture for non-fulfillment of dowry. It is further alleged that the petitioner asked the complainant if you want to live with her Soutan, you may live. Learned counsel for the petitioner submits that the present case has been lodged for ulteriour purpose. Since much before filing of this complaint, a divorce suit was filed which was earlier after ex-parte hearing, the complainant prayed for withdrawal of the ex-parte order. The same was being contested. It is further submitted that the present complaint has been filed for ulterior purpose after a long delay. as such, the application on the face value did not take any credence. Learned counsel for the State and the complainant - 2 - opposes the prayer for bail and submits that it is a pure case of practicing cruelty over the complainant which would be evident on perusal of the complaint as well as the examination of the complainant on her solemn affirmation wherein she has said that she was used to be tortured for non-fulfillment of dowry. Besides the above, the petitioner used to say the complainant to live with her Soutan otherwise to go and contest the case. It is further submitted that petitioner has married with another lady namely, Silpi for which he has been charge sheeted. Considering the facts and circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail on behalf of the petitioner is rejected Jagdish/- (Shailesh Kumar Sinha,J)