IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.146 of 2009 MANOHAR SAHANI @ MANOHAR KUMAR SAHANI SON OF BHARAT SAHANI RESIDENT OF VILLAGE MATH LOHIYAR, MALAHI TOLA,P.S.HARSIDHI, DISTRICT EAST CHAMPARAN Versus STATE OF BIHAR ----------- 4/ 8.7.2009 The petitioner, who is the husband of the complainant, apprehends his arrest in Complaint Case No. 847 of 2008 which has been filed for offence under Section 498(A) of the Indian Penal Code. On 26.2.2009, this Court had passed following interim order in view of the agreement between the parties who are husband and wife: “Binod Sahani, elder brother of the petitioner, will go to the house of complainant’s father on 2.3.2009 with the proposed date of second marriage (Gauna) and the proposed date shall be within two months from today and on that date, the petitioner will also go to the house of the complainant and will bring her to his house.” The above conditions were imposed on the basis of the submissions made on behalf of the petitioner as well as the complainant. It was an agreed order. Today, the petitioner is not present though he was directed to remain present. As he has failed to appear today, he has violated his own undertakings given to this Court on 26.2.2009. The complainant-wife is present with her learned lawyer. Learned counsel appearing on behalf of the 2 complainant has submitted that neither the petitioner nor his any other family member had gone to the house of the complainant’s father with proposed date for Gauna. So, the petitioner and his family members have violated their own undertakings given on the earlier occasion. It appears that the petitioner had taken time and had obtained some relief on the basis of the aforesaid undertaking which he never honoured. Considering this, I am of the view that the petitioner does not deserve further extension of time or no direction can be issued restraining the authorities not to take coercive step against him. Accordingly, the petitioner, being the husband of the complainant, is not entitled to privilege of anticipatory bail and as such, his prayer for grant of anticipatory bail is rejected. The petitioner is directed to surrender before the court concerned forthwith. Tahir/- ( Shyam Kishore Sharma, J.)