IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29427 of 2010 MD.AFTAB ALAM @ MD.AFTAB Versus THE STATE OF BIHAR ----------- 2. 12.08.2010. Heard learned counsel for the petitioner and counsel appearing for the State. The petitioner being the husband is apprehending his arrest in a complaint case in which cognizance has been taken under Sections 498A and 406 of the I.P.C. It is submitted that vide Annexure-3 the ex-parte decree of divorce was granted on 25.04.2008 whereas the present complaint case has been filed on 18.01.2010. It is further submitted that in the divorce case notice was issued to the complainant but in spite of valid service of notice, she did not appear. Learned counsel for the State, Mr. Dashrath Mehta, submits that out of wedlock two female children were born hence the fight of the husband and the wife may not jeopardize the life of children. Considering the aforesaid submission, let the petitioner, Md. Aftab Alam @ Md. Aftab be released on bail in the event of his arrest or surrender before the learned court below 2 within a period of twelve weeks from today in connection with complaint case no. 2746(C ) of 2009 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Patna, subject to the conditions as laid down under Section 438(2) of Cr. P.C. However, the grant of anticipatory bail to the petitioner will not preclude the complainant to claim maintenance for herself or for her two minor daughters. U.K. ( Dinesh Kumar Singh, J.)