IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25302 of 2009 MD.AYUB ANSARI Versus STATE OF BIAHR & ANR ----------- 2. 26.10.2009 Heard learned counsel for the petitioner and the State. The petitioner is the husband apprehending arrest in a Police case under Sections 498(A), 406 and 323 of the Penal Code. His prayer for anticipatory bail was rejected by this court on 21.9.2004 in Cr. Misc. No. 28265 of 2004. Subsequently, matrimonial harmony has been and the parties are now living as husband and wife. The renewed prayer for anticipatory bail in the changed circumstances has unfortunately been rejected holding that a compromise was not a good ground for granting or rejecting the bail. The judicial system in this country functions in a hierarchy of Courts. The orders of the superior Courts bind the Subordinate Courts. Otherwise it shall lead to judicial anarchy. The Supreme Court as far back as in A.I.R. 2003 SC 1386 observed that even though Section 498A of the Penal Code was not compoundable, the Courts should come forward with a more liberal view especially when matrimonial harmony had been restored and quash the proceedings inter alia. This is on the premise that the duty of the Court is to repair broken houses and not to break repaired houses. 2 In 2006(3) PLJR 182 this Court laid down guidelines for grant of bail in matrimonial matters. The Courts are to dispense justice. A prayer for bail affecting liberty of a citizen is not to be passed at whims and caprice. This Court has already deprecated such judicial adventurism in 2006(4) PLJR 342. Considering the facts and circumstances of the case, let the petitioner above named surrender in the Court below within a period of four weeks from today when he shall be enlarged on anticipatory bail on furnishing bail bonds of Rs. 20,000/-(twenty thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Chandauti (Chakand) P.S. Case No. 37/04, subject to the conditions laid down under Section 438(2) of the Cr. P.C. Let the trial of the case be concluded within two months from the date of receipt/ production of a copy of this order and the report be submitted after expiry of time. Let a copy of this order be placed before the Presiding Officer/author of the order dated 28.5.2009. P. Kumar (Navin Sinha, J.)