IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 2693 of 2009 Raghuendra Kumar @ Munna Kumar, son of Bindeshwar Lal Karan, Resident of Village – Gosaipur Majhauliya Purbi Tola, P S – Dumra, District – Sitamarhi - Petitioner Versus 1 State of Bihar 2 Anita Kumari @ Bobby Kumari, daughter of Arun Kumar Verma, wife of Raghuendra Kumar, at present village – Shikkhandi Bhita, P S – Sursand, District – Sitamarhi - Opposite Party ----------- 4 17.09.2009 The petitioner is the husband and apprehends arrest in Complaint Case No C-1/10 of 2008 instituted under Sections 498A, 494 of Indian Penal Code read with Section 4 of Dowry Prohibition Act. It is not in dispute that the parties were married in the year, 2002. It is alleged that right from the beginning, the complainant was being mistreated and from time to time she used to be thrown out from the matrimonial house. It is further alleged that the petitioner has contacted a second marriage in November, 2007 and ultimately the complainant was thrown out for good. On behalf of petitioner, it is submitted that the complainant does not want to live with the petitioner and prefers living at her Maike and keeps demanding money. Petitioner is willing to keep her and has also filed a matrimonial case being Matrimonial Case No 32 of 2008 before the Principal Judge, Family Court, Sitamarhi. It appears that before the Matrimonial Court, conciliation proceedings were taken up where the girl’s father did not agree to let the girl go to live with the petitioner assumedly that the petitioner has a second wife and for 6 years have been mistreating 2 the complainant. Admittedly, the matrimonial case was filed long after the complaint was filed. In that view of the matter, I am not inclined to grant anticipatory bail to the petitioner. Prayer of petitioner for anticipatory bail is rejected. Petitioner may, however, surrender before the Court below and pray for regular bail which shall be considered on its own merit without being prejudiced by this order. M.E.H./ (Navaniti Prasad Singh)