IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16802 of 2009 MD. WARIS, son of late Dabiruddin, resident of village-Shekhpura Nista, P.S. Balia Belone(Kadwa) District-Katihar –Petitioner. Versus 1. STATE OF BIHAR 2. Nazera Khatun , wife of Md. Warish, D/o Alimuddin, resident of village- Sekhpura Nista, P.S.-Balia Belone, District-Katihar at present residing at village-Sanaktara Mukiri, P.S.-Balia Belone, District-Katihar---Opp. Parties. ----------- 2. 20.5.2009 Heard learned counsel for the petitioner and the State. As per learned counsel for the petitioner , it is one complaint filed on behalf of the complainant and for the same cause earlier also one complaint was filed in which the accused were acquitted. Accusation(cruelty for demand) is shown for non-fulfilment of demand after lapse of a period of 20 years of marriage. Clearly it is a case of misuse of privilege given to a helpless lady. In the present case, a matrimonial suit has been filed by the petitioner for restitution of the conjugal life. Having regard to the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of arrest or surrender within one month from today in Complaint Case no.1783 of 2008, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-( Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub- Divisional Judicial Magistrate, Katihar , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. sudip ( Mandhata Singh, J )