IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5155 of 2010 MD.SOHRAW Son of Md. Saheed Mian Versus THE STATE OF BIHAR & ANR ----------- 2/ 30.03.2010 Heard learned counsel for the petitioner and the State. The petitioner, who is husband of the complainant, apprehends his arrest in a case registered for the offence under Sections 406 and 498 A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that petitioner works at Delhi and in fact he wanted that the complainant stay with him but the complainant is not willing to stay with him at Delhi. Learned counsel further submits that earlier the complainant lodged a case under Sections 307, 326/34 of the Indian Penal Code being Hajipur Town P.S. case no. 452 of 2007, in which the police submitted final form. Learned counsel further submits that the petitioner is still willing to keep the complainant with due care and affection. Having regard to the nature of the allegations, I am not inclined to grant anticipatory bail to the petitioner. His prayer for anticipatory bail is rejected. However, if petitioner surrenders before the court below (Sub-Divisional Judicial Magistrate (West), Muzaffarpur in connection with Complaint Case no. C-283 of 2008) within eight weeks from today and seeks regular bail and if the complainant appears and express her desire to stay with the petitioner then in these circumstances, the learned Magistrate will dispose of the - 2 - bail application in accordance with compromise petition, otherwise he will dispose of the same on its own merit without being prejudiced by this order. Let this order be sent through FAX at the cost of the petitioner. Uday/ (Samarendra Pratap Singh, J.)