IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17978 of 2009 RAMBHA KUWAR Versus THE STATE OF BIHAR ----------- 2/ 20/05/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner along with her husband came to this Court seeking anticipatory bail in Cr. Misc. No.9541/05 in a police case under Sections- 498A and 406/34 of I.P.C. and 3/4 of D.P. Act. registered on 7.11.2004 as Sugauli P.S. Case No.129/04. This Court noticed that the husband of the victim girl was still at large and declined to grant anticipatory bail. The petitioner and her husband came to this Court again in Cr. Misc. No.4950/09 with the prayer that now the husband had been granted anticipatory bail in Cr. Misc. No.874/09. This Court noticed that the petitioners had continued to abscond since 2.8.2005 when Cr. Misc. No. 9541/05 had been dismissed. The bail application was disposed with the observation that if the petitioners seek regular bail, their application should be considered on the day that they surrender and be disposed in accordance with law, keeping in mind that the husband of the complainant had been granted anticipatory bail. Co-accused Umesh Prasad, the husband, then appeared before the In-charge Sub-divisional Judicial 2 Magistrate, Sadar at Motihari and prayed for regular bail which was rejected on 28.3.2009 and he was taken into custody. Hence the petitioner renews her prayer for anticipatory bail. This Court in its judgement reported in 2006(3) P.L.J.R. 182 (Md. Naimul Haque Ansari @ Naimul Haque Ansari & Anr. Vs. The State of Bihar) has laid down the guidelines for grant of bail in matrimonial matters. The order by the In-charge Sub-divisional Judicial Magistrate, Sadar at Motihari dated 28.3.2009 is a classic example of judicial adventurism by him as already deprecated by this court in its judgement reported in 2006(4) P.L.J.R. 342 (Ajay Kumar Singh & Ors. Vs. State of Bihar) when similar disobedience of the guidelines laid down by this Court has been noticed. Having considered the facts and circumstances of the case, let the petitioner above named surrender before the court below within four weeks when he shall be enlarged on anticipatory bail upon furnishing the bail- bonds of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of C.J.M., East Champaran at Motihari in connection with Sugauli P.S. Case No.129/04, subject to the conditions laid down under Section-438(2) Cr.P.C. KC ( Navin Sinha, J.)