IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34764 of 2008 SULTAN AHMAD son of late Md.Ismail, resident of village-Balha, P.S.- Biraul, Dist.-Darbhanga, at present room no.13, Adman House, Firdaus Nagar, Aligarh, U.P. Versus STATE OF BIHAR ----------- 5. 24.2.2009. Heard. A supplementary affidavit has been filed on behalf of the petitioner and a counter affidavit has been filed on behalf of the informant-opposite party no.2. The petitioner, who is husband of the victim, apprehends his arrest in a case which has been registered under sections 498A and 323 of the Indian Penal Code and section ¾ of the Dowry Prohibition Act. Allegation is that the petitioner and others committed various types of torture in connection with additional dowry of rupees one lakh. On 23.9.2008 a notice was issued to opposite party no.2. Notice was served and opposite party no.2 entered appearance through her lawyer. On 13.1.2009 the petitioner was granted three weeks’ time to go to the house of the informant and persuade her to come and the arrest of the petitioner was stayed. Submission of the learned counsel for the petitioner is that uncle of the petitioner along with Mukhiya went to the house of the informant but their persuasion failed to yield any result. The informant and his father refused to talk anything. Learned counsel for the informant opposed the prayer for grant - 2 - of anticipatory bail and submitted that in view of the torture committed upon the victim she is not in a position to go to the house of the petitioner. Considering the submissions made by the learned counsel for the parties, the prayer for grant of anticipatory bail is allowed. The above named petitioner is directed to surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order and in that event he shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sub.Divisional Judicial Magistrate, Biraul, Darbhanga, in connection with Biroul P.S.Case No.8 of 2008 subject to the conditions as laid down under section 438(2) Cr.P.C. . Md.S. (Shyam Kishore Sharma,J.)