IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23722 of 2008 SK. MUKHTAR, son of Sk. Abdul Hai r/o Vill Satrwa, PS Abadpur, District Katihar Versus STATE OF BIHAR ----------- 4. 21.10.2008 Heard the learned Counsel for the petitioner and the learned counsel for the State. The petitioner is the husband apprehending arrest in a complaint case under Sections 498A and other provisions of the Penal Code. The submission is that after institution of the allegations he has filed a suit for restitution of conjugal right. The complainant despite valid service of notice has failed to appear. Having considered the facts and circumstances of the case, let the petitioner, above named, surrender in the court below within a period of six weeks from today when he shall be enlarged on anticipatory bail for a period of three months on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of SDJM Katihar in Complaint Case No. 2185 of 2007, subject to the conditions as laid down under Section 438(2) Cr.P.C. Based on the developments in the restitution matter if the petitioner physically presents himself and surrenders to the jurisdiction of the court below within the aforesaid period, any application for regular bail on behalf of the petitioner shall be considered by the court below in accordance with law without being inhibited by limited grant of anticipatory bail by this Court. Snkumar/- (Navin Sinha,J.)