IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23583 of 2009 SHAMBHU SINGH, SON OF SRI MANGAL SINGH, RESIDENT OF VILLAGE SUNDARPUR TOLA, P.S. BARHARIYA IN THE DISTRICT OF SIWAN. ---- PETITIONER Versus THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 5 21.12.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the informant. The petitioner who is the husband is apprehending his arrest in a case under Sections 498A and 406 of the Indian Penal Code. The allegation is that after 19 years of marriage, he has ousted his wife from the house. Learned counsel for the petitioner submits that the dispute lies because of a piece of land purchased in Delhi which is in the name of his wife. It is further stated that the petitioner is a retired person and is now in private service. Learned counsel for the informant on the other hand submits that the petitioner has taken second wife four or five years ago and has now ousted her from the house. Considering that the petitioner is a retired person and the fact that the marriage took place 19 years ago, I direct that the petitioner Shambhu Singh should be released on anticipatory bail subject to the condition that the petitioner should pay 1,000/- per month to his wife in the event of his arrest or surrender within a period of six weeks in Complaint Case No. 404 of 2008 (Trial No. 2797 of 2008) on furnishing bail bond of rupees ten thousand with 2 two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj subject to the conditions laid down under Section 438(2) of the Cr.P.C. This order would not mean that the opposite party cannot get additional amount of maintenance by taking recourse to the appropriate forum. Sanjay (Sheema Ali Khan, J.)