IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31412 of 2008 RAJAK NAGARI @ RAZZAK ALI, SON OF FAZIL NAGARI, R/O- VILLAGE SHUKUL KESISWA, P.S.- KAPTANGANJ, DISTRICT- KUSINAGAR (U.P.) Versus 1. STATE OF BIHAR 2. MEENA DEVI, W/O- RAJAK NAGARI AT PRESENT R/O- MOHALLA SOHNARIYA, P.S.- KATEYA, DISTRICT- GOPALGANJ. ----------- 3 25.11.2008 Heard Learned counsel for the petitioner and the State. No appears on behalf of opposite party no. 2 despite valid service of notice. The petitioner who is the husband apprehends arrest in a complaint case under section 498A of Indian Penal Code. The submission is of desire of revival of matrimonial harmony when the opposite party no. 2 did not appear before the Court below and has not appeared before this court also. The parties were married 20 years ago. The opposite party no. 2 has already filed a claim for maintenance before the Family Court, Gopalganj. Learned counsel for the petitioner has produced a certified copy of the maintenance application. Both in the maintenance application and in the complaint case, the allegations are of the petitioner having developed an extra marital relationship and subsequently re-married. In the facts and circumstances, this Court is not persuaded to grant the privilege of anticipatory bail, the application is rejected . The application for regular bail shall be - 2 - considered on its own merit as per the guidelines for grant of bail in matrimonial matters without being prejudiced by the present order. pkj (Navin Sinha, J)