IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12237 of 2010 SANJAY KUMAR,son of Shri Batkeshwar Prasad, resident of village-Ram Rajay More, Station Road, Siwan, P.S.-Siwan(Town),District- Siwan. .. .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioner :Mr.Udit Narayan Singh,Advocate For the State :Mr.Satyendra Narain Singh, Addl.P.P. ---------- 02/ 05-05-2010 Heard the parties. In a criminal prosecution for the offence under Section 498A of the Indian Penal Code, the petitioner is the husband of the complainant. In the complaint petition vide Annexure-1 there is allegation of demand of dowry and torture against the petitioner. Learned counsel for the petitioner submits that before filing of this complaint case (Annexure-1), Divorce Case No.20/2006 vide Annexure-2 was filed by the petitioner in terms of Section 13(1) of the Hindu Marriage Act seeking divorce from the complainant and by way of retaliation the present case has been filed. Be that as it may, in view of the fact that prior to filing of the complaint case, divorce case was filed earlier, in the event of arrest/surrender within a period of four weeks from today in Complaint Case No.939/2007, Tr.No.2888/2008, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, 2 Siwan, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)