Full Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1613 of 2012 Munna Kumar Paswan son of Nageshwar Paswan, Resident of Mohalla-New Etwarpur, P.O. & P.S.- Parsa, District- Patna Versus The State Of Bihar & Anr. -------- 2. 11.1.2012. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a complaint case in which cognizance has been taken for the offence punishable under section 498A of the Indian Penal Code and section-4 of the Dowry Prohibition Act. It is contended that there is no truth behind the allegation of subjecting the complainant to cruelty for non- fulfilment of demand of dowry. The petitioner has also filed a matrimonial case being Matrimonial Case No.203 of 2008 which is pending in the court of Principal Judge, Family Court, Gaya for restitution of conjugal rights. The complainant has appeared in that case and has filed her written statement in which she has stated that she does not want to live with the petitioner because the petitioner is not competent to produce child. The said written statement has been brought on record as annexure-2 to this petition. The further contention is that the case arises out of matrimonial discord and incompatibility in nature. Taking into consideration the facts and circumstances of the case let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks 2 from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Patna City, Patna in connection with Complaint Case No.35C of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)