IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46598 of 2009 DHANANJAY KUMAR, son of Shri Yadunandan Ram, Mohalla Bishnupuri, Post Office Anishabad, Police Station Gardanibagh, in the town and District Patna.. Versus STATE OF BIHAR ----------- 2 1/2/2010 Heard counsel for the petitioner, counsel for the Informant as also counsel for the State. The petitioner seeks anticipatory bail for the offence under sections 498 (A), 379, 120 B of the Indian Penal Code and section ¾ of the Dowry Prohibition Act by taking a plea that while the present F.I.R. was filed on 1.7.2009 a divorce case on the ground that the Informant was mentally unsound and thus incapable of sharing conjugal life, was already filed on 23.4.2009. Counsel for the Informant while opposing prayer for grant of anticipatory bail to the petitioner submits that true it is that the divorce case is pending, but then till marriage is not dissolved the petitioner owes responsibility to maintain the Informant. Counsel for the petitioner in such circumstances offers to pay a sum of Rs.2,500/- per month from January, 2010 till pendency of the criminal case and/or disposal of the divorce case, which ever is earlier. In the event, the petitioner, namely, Dhananjay Kumar would surrender within a period of four weeks and give the aforementioned undertaking, the court below will grant bail to the petitioner on furnishing bail bond of Rs.10,000/- (Ten thousand) 2 with two sureties of the like amount each to the satisfaction of Sub.Division Judicial Magistrate, Masaurhi, Patna in Kadirganj P.S. Case No.34 of 2009, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. It is, however, made clear that in case of default in payment of amount of maintenance, as stated above, for two consecutive months, the bail of the petitioner shall automatically stand cancelled. Abhay Kumar ( Mihir Kumar Jha, J.)