IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13586 of 2009 SHER MOHAMMAD KHAN SON OF HASMULLAH KHAN, RESIDENT OF VILLAGE KHODHA, P.S. CHIRAIYA DISTRICT- EAST CHAMPARAN- PETITIONER Versus STATE OF BIHAR............................ Opp. party ----------- 2 22-4-2009 Heard the parties. By order dated 17-7-2006 contained in annexure-1 this Court had declined to grant anticipatory bail to the petitioner after noticing that he is husband of the complainant in a case under section 498-A of the I.P.C. and under the Dowry Prohibition Act. However, it was observed in view of submission that the parties have compromised their differences, that if the petitioner surrenders within six weeks and satisfies the court below regarding compromise, in that event his prayer for bail shall be favourably disposed of on the date of surrender itself. From materials on record it appears that the petitioner and the complainant were contesting a matrimonial case filed by the petitioner bearing Matrimonial case no. 44 of 2006 before the Principal Judge, Family Court, East Champaran, Motihari and in that case a compromise on terms of money and separate living was arrived at and recorded on 4-12-2008. The prayer for anticipatory bail has been renewed on that account. Earlier also this Court had rejected the prayer for anticipatory bail. In that view of the matter the prayer is again rejected. In view of order dated 4-12-2008 showing compromise - 2 - Naresh between the parties, if the petitioner surrenders within six weeks and satisfies the court below that the parties have compromised their differences in that event his prayer for bail should be favourably disposed of on the date of surrender itself. ( Shiva Kirti Singh,J)