IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40129 of 2010 1. MADAN PANDIT 2. SANJAY PANDIT Versus STATE OF BIHAR & ANR ----------- 2 09-11-2010 Heard learned counsel for the petitioners and learned counsel for the State. Petitioner no.1 is husband of the victim lady in this case u/s 498A of the IPC. Petitioner no.2 is younger brother of petitioner no.1. After considering the allegations in the complaint petition and finding that petitioner no.2 is only a junior member of the family without any specific allegations, his prayer for anticipatory bail is allowed. Let the petitioner no.2, namely, Sanjay Pandit in the event of his arrest/surrender within a period of six weeks from today 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 Chief Judicial Magistrate, Gaya in connection with complaint case No. 620/08, subject to condition as laid down under section 438(2) of the Code of Criminal Procedure. 2 Petitioner no.1 as a husband has much larger responsibility to ensure that wife is kept comfortably without any fear. Considering the allegations meted to the complainant in her matrimonial house, prayer of petitioner no.1 for anticipatory bail is rejected. This order shall not prejudice the case of petitioner no.1 for regular bail. If the petitioner no.1, Madan Pandit surrenders before the court below, i.e., Chief Judicial Magistrate, Gaya in connection with complaint case No. 620/08 within ten weeks and satisfies the court that his differences with complainant have been sorted out and compromised, in that event petitioner no.1 shall be allowed bail on the date of surrender itself. For ten weeks no coercive step shall be taken against petitioner no.1. BKS/- (Shiva Kirti Singh, J.)