IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32898 of 2010 MD.SHAMSAD ALI Versus STATE OF BIHAR & ANR ----------- 2 29.10.2010 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner is husband of the complainant and it is alleged that marriage of complainant was solemnized on 23.5.2009 but after marriage she was subjected to cruelty and harassment on account of non-fulfillment of illegal demand. The contention of learned counsel for petitioner is that prior to filing of complaint case by the complainant, the petitioner had filed complaint case bearing Complaint Case No.1163-C of 2009 against the natal people of the complainant for playing fraud at the time of marriage and after getting the knowledge of the aforesaid case, the complainant has brought this false case. Further contention is that as a matter of fact, the articles which had been given at the time of marriage, have already been received by the uncle of the complainant. Admittedly, there is specific allegation against the petitioner and moreover filing of cases by husband and wife against each other is itself an indication of bad relation between them and it is also an admitted position that the 2 cognizance has been taken in both the cases. So in my view, the petitioner cannot take any advantage of case filed by him prior to filing of case by the wife. It has, further been submitted that other accused have already been granted bail. Therefore, in the facts and circumstances, this anticipatory bail petition stands rejected with direction to petitioner to surrender before the learned court below and seek regular bail which shall be considered by the learned court below on its own merit without being prejudiced by this rejection order. PN/AKV ( Hemant Kumar Srivastava,J.)