IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51713 of 2008 SHAH ZAMAN BAKHT @ SHAH JEMAN BAKHT, son of Sardar Bakht, resident of village-Sabra, P.S.-Paraiya, District-Gaya, at present Millat Colony, Near Quasmi Middle School, P.S.-Civil Line, District- Gaya ----------Petitioner. Versus 1. STATE OF BIHAR 2. Nishat Paswan, wife of Shahe Jeman Bakht, D/o Mohd. Hakim resident of village-Saira, P.O.-Solra, P.S.-Proiya, Distt.-Gaya, at present Mohalla- Aliganj, Road no.3, Distt.-Gaya--------------------------Opp. Parties. ----------- 4. 22.6.2009 Heard learned counsel for the petitioner and the State. No doubt there is allegation about demand and cruelty for its non-fulfilment but submission of the learned counsel for the petitioner is that wife herself deserted the husband. So for restitution a case was filed by this petitioner in Family Court even then receiving his money and was adamant to continue the same justifying her desertion by filing this case. This much of submission is of course only by referring the date of ouster mentioned in the complaint petition which was so scribed much after filing of the restitution case. Having regard to the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of arrest or surrender within one month from today in Complaint Case no.735 of 2008, the above named petitioner shall 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 the S.D.J.M., Gaya , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )