IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52408 of 2008 MD.AKBAR, son of Sheikh Garbhoo, village Gaura, PS Kharagpur, Dist. Munger .. Petitioner. Versus STATE OF BIHAR ----------- 2 10.2.2009 Heard learned counsel for the petitioner, the informant and the State. The petitioner who is the husband apprehends his arrest in a case under sections 498A and 323 of the Penal Code. The marriage took place in 1989. It is submitted on behalf of the petitioner that the divorce took place in 1998 and the Mehr and the articles were handed over to the informant’s brother. Subsequently, the lady filed a case for maintenance which was allowed. However, it is submitted on behalf of the informant that the maintenance is not being paid to the informant. Both the criminal case and the divorce case were filed in 2005 on the same date. It appears that both the parties have been living apart from the past seven years as stated in the complaint petition itself. Considering the aforesaid submissions, the petitioner is directed to be released on anticipatory bail in the event of his arrest or surrender within six weeks in Complaint Case No. 334C/2005 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the C.J.M., Munger subject to the conditions laid down under section 438 (2) of the Cr.P.C. haque (Sheema Ali Khan, J.)