IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28597 of 2009 MITHLESH PRASAD @ MITHILESH PRASAD son of Soharai Mahto, resident of vill.-Raghu Bigha, P.S.-Nalanda, Distt.-Nalanda--------------Petitioner. Versus 1. STATE OF BIHAR 2. Smt. Anita Devi, wife of Mithlesh Prasad daughter of Sri Bigan Mahto, resident of vill.-Raghu Bigha, P.S. & Distt.-Nalanda, at present residing at village Daya Bigha, P.S.-Makhdumpur, Distt.-Jehanabad----Opp. Parties . ----------- 4. 1.12.2009 Both petitioner(husband) and complainant(wife) are present in Court. Complainant is not ready to accompany her husband and they are ready for mutual divorce. It is for the parties to take initiative but refusal of anticipatory bail for the same is not justified. In that view of the matter, in the event of arrest or surrender within one month from the date of communication of this order 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 C.J.M., Jahanabad, in connection with Complaint Case no.412 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh,J )