IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1699 of 2011 MD. HASAM Versus THE STATE OF BIHAR ----------- 3 11.05.2011 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending his arrest in a complaint case in which cognizance has been taken under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. On 14.02.2011, notices were issued to the opposite party no.2. It appears that in spite of the service of notice through her lawyer before the learned court below, none is appearing on behalf of the opposite party no.2. The petitioner is ready to keep the complainant as wife with full dignity and honour. In the circumstances, let the above named petitioner, be released on provisional anticipatory bail for six months, in the event of his arrest or surrender before the learned Court below within a period of 12 2 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub- divisional Judicial Magistrate, Saharsa in connection with Complaint Case No. 1573C/2009, subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the learned court below issue notice to the complainant and on her appearance, the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned court below on substantial restoration of the matrimonial harmony of if the complainant deliberately refuses to reside with the petitioner. The provisional anticipatory bail of the petitioner will also be confirmed if the complainant fails to appear before the learned court below. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. Amrendra/- (Dinesh Kumar Singh, J.) 3