IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13745 of 2010 UJJAWAL KUMAR @ UJJAWAL NARAIN, son of Bhudeo Narain Nand Kuliyar, resident of Mohalla-Gulbi Ghat, P.S.-Sultanganj, District-Patna at present residing at Shalimar Garden Ext.II, Flat No.204, C/30, Shahibabad, P.O.-Shahibabad, P.S.-Shahibabad,District-Gaziabad (U.P.) and working as Correspondent Zee Business(Television),New Delhi. .. .. .. .. Petitioner Versus 1. THE STATE OF BIHAR 2. Manjari Bhushan,daughter of Sri Satyendra Bhushan Sinha, resident of Pharmaceutical Colony, Bhoot Nath Road, Jay Prakash Nagar, P.S.- Agamkuan,District-Patna. .. .. Opp.Parties ----------- 02/ 26-05-2010 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. Differences in between the parties are apparent. According to the informant due to demand of dowry followed by cruelty and according to the petitioner due to desertion by the informant, for which he filed restitution case in the court of the Principal Judge, Family Court, Patna, which is decreed also, may be ex parte, but at present for the informant, it is said that she is not accompanying the petitioner on the ground of petitioner’s marriage with another girl. The only reply for restitution case is that she has no knowledge. Restitution is decreed may be ex parte and wife is refusing to reside making some allegation, FIR is lodged after filing of the restitution case is not justifying refusal of anticipatory bail. Accordingly, this petition for anticipatory bail is allowed. In the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order in Agamkuan P.S.Case No.263 of 2009, the above named 2 petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna-City, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )