IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9194 of 2009 BAIJNATH PANDIT Versus STATE OF BIHAR ----------- 6 21.12.2009 Heard learned counsel for the parties. Allegation is for demand, attempt to have relation by petitioner’s younger brother and in course of argument solemnization of another marriage. Nature of cruelty is said assault even pouring kerosene oil to set the complainant on fire which according to learned counsel, is leveled and continued after eight years of marriage, which is contradictory to each other as next marriage and demand of dowry at the same time, attempt of younger brother to commit rape and to support by the rest of family members, pouring of kerosene oil by all the family members and their failure to lit the matches is not possible, so it appears the mutual divorce as the sole remedy and punishment for the act alleged if are established but I find it not a fit case for refusal of anticipatory bail. The prayer for anticipatory bail is allowed. In the event of arrest or surrender within one month from the date of communication of this order, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Jamui, in Complaint Case No. 189 C of 2008, subject to the condition as laid down under section 438(2) Cr.P.C. A.I (Mandhata Singh, J.)