IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18886 of 2010 MD.IFTEKHAR ALAM Versus STATE OF BIHAR ----------- 3. 02.08.2010 Heard learned counsel for the petitioner and the State. The petitioner being the husband is apprehending his arrest in a case registered under Section 498 A of the Indian Penal Code. It is submitted by learned counsel for the petitioner that on 9.4.2009 the petitioner filed a case for restitution of conjugal right thereafter on 1.8.2009 the present Complaint Case has been filed. Though in 2008 also the petitioner had filed a Complaint Case under Section 406 of the Indian Penal Code against the Complainant side. However, the petitioner is ready to keep the complainant as wife with full dignity and honour. In that view of the matter, let the petitioner, namely, Md. Iftekhar Alam in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Katihar, District- Katihar in 2 connection with Complaint Case No. 2428 of 2009, subject to the condition as laid down under Section 438(2) Cr.P.C. Learned counsel for the petitioner on instruction undertakes that petitioner will appear on the next date in the restitution case from where the petitioner will take the complainant to her matrimonial home. If the complainant is not appearing in the restitution case then the Court below will issue appropriate notice to the complainant and fix a specific date on which date the petitioner will appear and take the complainant with him. If the petitioner fails to perform his duty as the husband then the complainant will be at liberty to file an appropriate application. Anand Kr. (Dinesh Kumar Singh, J.)