IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7748 of 2010 ABDUL ZABBAR, son of late Hazi Akhtar Ali, resident of village- Sakrama, Tola-Ashraf Nagar, P.S.- Sanhaula, District- Bhagalpur.. Petitioner. Versus 1. STATE OF BIHAR 2. Bibi Farhat Khatun, d/o Md. Mojahid Ali, wife of Abdul Zabbar, resident of village- Sakrama, Post- Sakrama, P. S.- Sanhaula, District- Bhagalpur. …. Opposite parties ----------- 2. 04.03.2010 Heard counsel for the parties. The petitioner, husband, facing prosecution for offence under Section 498 A of the Indian Penal Code and Section 4 of D. P. Act would submit that now when it is an admitted fact that divorce has already been taken place, all that remains is the settlement of the amount of maintenance and return of articles belonging to the wife, opposite party no. 2. In the opinion of this Court, offer, in hand, of the petitioner far from attractive is infact absolutely vague and elusive. The petitioner was supposed to be more specific as to what amount of maintenance he would pay and what were articles which were to be returned by him. That having not been done, the direction given by the court below in the impugned order asking the petitioner to surrender and 2 get the matter compromised in presence of the complainant does not seem to be either irrational and/or uncalled for. That being so, the prayer for anticipatory bail of the petitioner is hereby rejected but then it is made clear that the date on which the petitioner would appear, if the court below is satisfied with regard to bona fide of the petitioner in the matter of payment of amount of maintenance as also return of articles, it would grant provisional bail to the petitioner so that such terms and conditions can be negotiated and finally settled with the consent of opposite party no. 2. With the aforementioned observation, this application is dismissed. kanchan (Mihir Kumar Jha, J.)