IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31360 of 2009 BIPIN KUMAR, s/o Sri Rameshwar Ram, R/o Moh: Lodi Katra, Harnaha Tola, P.S. Khajekalan, District- Patna. Versus 1. STATE OF BIHAR 2. Sani Kumari w/o Bipin Kumar D/o Sohan Prasad R/o Jagat Narayan Road, Opp.- Patliputra School, P.S.- Kadamkuan Dist- Patna, at present Gayatri Nagar, Kurthaul, Parsa Maholi Bazar, P.S. Parsa, Dist. Patna… Opp. parties ----------- 05. 23.02.2010 Heard counsel for the petitioner and counsel for the State. A direct allegation against the petitioner, husband, for offence under Section 498 A I.P.C. is sought to be explained by the petitioner by taking a plea that earlier he had filed a case for restitution of conjugal right and the wife till date has not responded to the same and the matter is still pending and therefore the complaint case filed after almost two years of filing restitution case has to be accepted as a concocted case and the petitioner entitled for anticipatory bail. This Court would find that the complainant, wife is not alone but has also a child out of marriage with the petitioner and it is her allegation that there was persistent demand of dowry and when the same could not be paid, she along with her minor child was thrown out of the house of the petitioner. The background in which the 2 complaint case was filed and particularly an agreement dated 16.3.2006 would be pointer to the fact that the subsequent case for restitution of conjugal right was filed only by way of strategy and good defence developed by the petitioner. That being so, this Court is not inclined to grant anticipatory bail to the petitioner specially when he is not prepared to financially support the complainant-wife and her child by taking a plea that he has an income of Rs.2500/- only per month. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected. However, in the event the petitioner would surrender and pray for regular bail, the court below would consider his such prayer on its own merit without being prejudiced by this order rejecting his prayer for anticipatory bail. kanchan (Mihir Kumar Jha, J.)