IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51353 of 2008 MOHAMMAD SAHNAWAJ @ MOHAMMAD SAHNAWAJ ANSARI, son of Mohammad Basir Ansari, R/o – Railway Quarter no. 524 A, Engineering Department, Railway Plant Depo, Mugalsarai, P.S. Mugalsarai, District – Chandauli. Versus STATE OF BIHAR ----------- 2/ 23.1.2009 Heard. The petitioner is husband of the daughter of the complainant who filed complaint for the offence under section 498A etc. I.P.C. and sections ¾ of Dowry Prohibition Act alleging that after three – four days of the lady having joined her matrimonial home, she was asked to bring rupees one lac from her father and was abused, ill treated and lastly she was brought back to her father’s house. The lady again went to the husband’s house and was again dragged out and sent to her father’s house, reason being the same i.e. non-fulfilment of demand of rupees one lac as dowry. Attention of the court has been drawn by learned counsel to some of the orders passed by a bench of this court which have been brought on the present record as Annexure 2 series to the present petition. It appears that 2 while the petitioner’s prayer for anticipatory bail was being considered by a bench of this court in Cr. Misc. No. 26184 of 2008, notice was issued to the lady and she appeared on 13.8.2008 and expressed some serious apprehension and still the matter was listed on 23.7.2008. The matter could be heard ultimately on 16.10.2008 and it appears from the order of that particular date that the court directed the parties to “find out a solution for their separation.” Before that order, an order was passed on 13.8.2008 and it is recorded in that order that the lady was not willing to continue her relationship with her husband. This statement was also recorded by the Principal Judge, Family Court, Sasaram in his order dated 24.7.2008 in matrimonial proceeding being Maintenance case no. 443 of 2007. The learned judge has recorded that the lady was appearing adamant and was not ready to show any flexibility and she was standing firm by her allegations. These are some of the orders which could be indicating the attitude of the lady besides her clear averment before a bench of this court that she was not ready to live with the husband. In that view of the matter, it would be futile to 3 issue notice to the complainant and attempt reconciliation. Regarding being had to the facts and circumstances of the case and taking a holistic view of the matter, let petitioner above named be released on bail on furnishing bail bond of Rs.10000 (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Sasaram, Rohtas in Complaint Case no. 552 of 2007 / Tr. No. 2896 of 2007. Anil/ ( Dharnidhar Jha,J )