IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37277 of 2008 KAMESHWAR CHAUHAN Versus 1. STATE OF BIHAR 2. BABI DEVI ----------- For the petitioner : Mr. Yogesh Chandra Verma, Sr. Advocate For the O.P. No. 2 : Mr. Ravi Ranjan- I, Advocate For the State : Mr. C.. Jawahar,, APP 6 04.05.2009 Heard both sides. The petitioner has approached this Court seeking anticipatory bail in a case instituted under section 323, 498A, 379/34 of Indian Penal Code. As per allegation in the F.I.R., the marriage was solemnized in the year 2004 whereafter the husband and other inmates of the matrimonial home started torturing her on account non-fulfillment of demand of Rs. 20,000/-. It is further the allegation that on several occasions, she was even slapped and assaulted. Counsel for the petitioner, referring to Annexure-5, submits that on 28.12.2006 (much before filing of the present case) the petitioner had already filed a divorce application seeking dissolution of marriage. Referring to paragraph 16 of the plaint, it is stated that before filing the said suit,, a notice dated 23.11.2006 was served on the informant/complainant. Referring to Annexure-6, it is further contended that the informant had also appeared and at the instance of the parties, the said suit was adjourned. This also had taken place prior to lodging of the present F.I.R.. 2 Counsel for the informant submits that in spite of several adjournments granted to the petitioner, no effort was made on his part to reconcile the issues/dispute. Having regard to the facts appearing from the record and after hearing both the sides, I am of the view that a case for extension of privilege of anticipatory bail to the petitioner is made out. In the event of arrest or surrender in the court below within a period of four weeks, the petitioner abovenamed is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Noorsarai P.S. case no. 23 of 2008 subject to the condition as laid down under section 438(2) of the Cr.P.C. pkj ( Kishore K. Mandal, J. )