IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28951 of 2008 RAMANUJ MAHTO @ ANUJ MAHTO @ Ramanuj Kumar, son of Laxmi Mahto, resident of Village Yamuna Toli, PS Dalsingesarai District Samastipur ………………………………………………. Petitioner Versus 1. The STATE OF BIHAR 2. Rinku Kumari, daughter of Bindeshwari Mahto Resident of Village parn, PS Dalsingsarai District Samastipur ………………………….. Opposite party ----------- 2. 30.09.2008 Heard the learned Counsel for the petitioner and the learned counsel for the State. The petitioner is the husband apprehending arrest in a complaint case under Sections 498A and other provisions of the Penal Code. In view of conduct of the petitioner for which the opposite party no. 2 declined to go to the matrimonial home with him before the court below, for having kept a concubine, this Court is not persuaded that present is a fit case for privilege of anticipatory bail when his suit for restitution under Section 9 has also been rejected. This application is rejected. If the petitioner prefers any application for regular bail, the same shall be considered by the court below on its own merit in the light of law laid down by this Court for grant of bail in 498A matters without being prejudiced by the present order. Snkumar/- (Navin Sinha,J.)