IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34319 of 2009 MD.AJMAL, SON OF MD. SHAMIM AKHTAR, RESIDENT OF VILLAGE CHAMAPARA GAIRWA, P.S. BARARI, DISTRICT KATIHAR. ----- PETITIONER Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ----------- 2 7.11.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner is apprehending his arrest in a case under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the complainant lived with him for one day and then returned back to her parents’ house and thereafter she refused to live with him. It is submitted that the petitioner has filed application for restitution of conjugal rights. In that case the complainant has not appeared and as such for no more reason this false case has been instituted against the petitioner. The Court below shall call upon the parties to appear and try to resolve the matter before sending the petitioner to jail. If the Court finds that the attitude of opposite party no. 2 is not co- operative, then the Court below shall release the petitioner on bail. This matter is remanded to the Sessions Judge, Katihar to be considered the matter in the light of the orders passed above. During the pendency of the conciliation proceedings, the petitioner Md. Ajmal should be released on provisional anticipatory bail in the event of his arrest or surrender within a period of six weeks in connection with Complaint Case C.A No. 507/2009 on furnishing bail bond of 2 rupees ten thousand with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Katihar subject to the conditions laid down under Section 438(2) of the Cr.P.C. This anticipatory bail application is disposed of. Leaned counsel for the petitioner is permitted to deposit the cost of FAX for communicating this order to the Court concerned. Sanjay (Sheema Ali Khan, J.)