IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46815 of 2008 RAJESH PANDIT Versus STATE OF BIHAR ----------- 2. 27.11.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner, who is the husband, apprehends arrest in a complaint case under Sections 498 A of the Penal Code and Sections 3 & 4 of the Dowry Prohibition Act. The complaint case has been filed barely 10 months of the marriage. It appears that after filing of the complaint case the petitioner filed a suit for restitution of conjugal rights. It is submitted on behalf of the petitioner at bar that he then obtained decree of restitution ex parte. No material has been placed before the Court of the notice issued to the complainant, service report etc. leading to an ex parte decree. Having considered the facts and circumstances of the case, let the petitioner, abovenamed surrender in the court below within a period of four weeks from today, when he shall be enlarged on anticipatory bail for a period of four months on furnishing bail bonds of Rs. 10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Muzaffarpur in Complaint case No. 642 of 2007. On the date he furnishes his bail bonds, notice shall be issued to the complainant through the counsel representing her in the complaint case. Based on any subsequent development 2 during this period of four months, if the petitioner appears physically and surrender within the jurisdiction of the court below, his application shall be considered in the light of the aforesaid development without being prejudiced by the limited grant of anticipatory bail. AKS/ (Navin Sinha, J.)