IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46667 of 2008 MD.AYUB son of Md.Allauddin, resident of village-Bhadauni, P.S.- Nawadah. Dist/-Nawada. Versus 1.THE STATE OF BIHAR 2.Sajiya Khatoon wife of Md.Ayub, daughter of Md.Jamaluddin, Resident of village-Bandi, P.S.-Neemchak Bathani (Atri), Dist.-Gaya. ----------- 2. 2.2.2009. Heard learned counsel for the petitioner and the State. The petitioner is husband of the complainant. The case is under section 498A and some other sections of the Indian Penal Code. Allegation of the complainant is that she had been tortured previously also. She was burnt and was treated at Apollo Burn Hospital. Submission is that the complainant was treated at Apollo Burn Hospital but the injury was not caused by the petitioner or other accused persons. She received injury while she was at her parents’ house. The petitioner is husband of the complainant. In a case under section 498A of the Indian Penal Code, the husband cannot be equated with other accused persons. Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail is rejected. Md.S. (Shyam Kishore Sharma,J.)