IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46395 of 2008 MD.NOORUDDIN Versus 1. THE STATE OF BIHAR 2. BIBI MAHZABEEN ----------- 2. 27.11.2008 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a complaint case under Section 498 A of the Penal Code. The anticipatory bail of the petitioner was dismissed for non-prosecution on 30.3.2007 before His Lordship Hon’ble Mr. Justice Aftab Alam as he then was and no application for restoration was filed. Now when that Bench is not available because the Hon’ble Judge has been elevated to the Apex Court, the petitioner considered it prudent to move again to find a fresh Bench to review. This Court is not persuaded to grant the privilege of anticipatory bail to the petitioner. The application is rejected. Any application for regular bail under Section 498 A of the Penal Code shall be considered by the court below on its own merits including the submission of the defence and the guidelines laid down by this Court for grant of bail in matrimonial matters without being prejudiced by the present order. AKS/ (Navin Sinha, J.)