IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7372 of 2008 HARENDRA KUMAR @ VIPUL Versus THE STATE OF BIHAR ----------- 2. 1.5.2008 Heard learned counsels for the petitioner, informant and learned Addl. Public Prosecutor for the State. The petitioner prays for anticipatory bail in a case under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the complaint case has been filed on 16.11.2006 as a counter blast to the matrimonial case no. 59/2006 filed on 4.7.2006 before the Family Court, Sasaram for dissolution of the marriage under Section 13 of the Hindu Marriage Act. It is stated that the suit has been decreed on contest and the finding has been given therein by the learned Principal Judge that the complainant has refused to cohabit with the petitioner and that he has been treated with cruelty by her and further that she has deserted him and solemnized marriage with another person. It is further stated that the allegations made in the complaint are of a general and omnibus character regarding demand of motorcycle and describing the complainant as ugly. Learned counsel for the complainant, on the other hand, opposes the prayer for bail stating that the family Court has not considered the case in a proper light and the findings are not based on evidence on the record and against the same First Appeal has been 2 filed which is pending before this Court. On a consideration of the facts and circumstances of the case, it is directed that the petitioner, Harendra Kumar @ Vipul, in the event of his arrest/surrender in the court below within four weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 1219C of 2006 to the satisfaction of the Sub-Divisional Judicial Magistrate, Biharsharif, Nalanda, subject to applicable conditions laid down under Section 438(2) Cr.P.C. S.Pandey. (Ramesh Kumar Datta, J.)