Judgment:IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33939 of 2011 ====================================================== Vijay Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s =====================================================”
13. 01-2012 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code and Section 3/4 Dowry Prohibition Act. The marriage was performed in the year 2008 but it appears that the divorce case was filed on 14.06.2011 thereafter the present case has been lodged. From the order dated 12.10.2011 it further appears that reconciliation was going and it is submitted today that the ex-party divorce suit was decreed. It is submitted by learned counsel for the informant that the informant has challenged the ex-parte decree of divorce. Considering the fact that the ex-parte divorce decree has been passed, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Kadam Kuan P.S. Case No. 195/2011 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. It is made clear that the bail is being granted to the petitioner only on the basis of the ex-parte decree of divorce. If the ex-parte decree of divorce is unsettled then the informant will be at liberty to file an appropriate application in the present proceeding. (Dinesh Kumar Singh, J) Amrendra Kumar/-