IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34863 of 2011 Md. Firoz Ahmad Versus The State Of Bihar ---------------------------------- 02 24.10.2011 Heard learned counsel for the petitioner. Petitioner seeks anticipatory bail in a case instituted under Section 498A/34 of the Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. It is the prosecution case that the informant was married to the petitioner 11 years ago. She was tortured on account of non fulfillment of the dowry. Learned counsel for the petitioner with reference to Annexure - 2 submits that prior to lodging of the present case, the petitioner had filed a matrimonial case being Matrimonial case no. 351 of 2011 in which after hearing the plaintiff the matter was admitted and processes were issued by order dated 6.6.11. Learned counsel for the petitioner with reference to Annexure-3 submits that informant had herself deserted the matrimonial home. Learned APP only supported the impugned order. Having heard the parties, I am inclined to privilege the petitioner with anticipatory bail. In the event of arrest or surrender before the Court below within a period of 04 weeks from today let petitioner, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Barh, Patna in connection with Bakhtiarpur P.S. case no. 162 of 2011, subject to the condition as laid down under Section 438 (2) of the 2 Cr.P.C. It is made clear that one of the bailors shall be the own/close family member of the petitioner. Sym ( Kishore K. Mandal, J.)