IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40016 of 2010 2 9.11.2010 Bipul Kumar Mahto s/o Harischandra Mahto Resident of village Bhore JayRam P.S. Khanpur, Distt. Samastipur VERSUS 1. The State of Bihar 2. Bebi Kumari D/o Sri Kameshwar Mahto resident of village Basatpur Bhakhari P.S. Dholi Sakara Distt. Muzaffarpur at present Railway Colony Quarter No.119A Ganga Bridge Colony Gadhahara P.S. Baroini Distt. Begusarai ------- Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has prayed for anticipatory bail in a case under Section 498A IPC and Section 4 of the Dowry Prohibition Act. It has been submitted on behalf of the petitioner that Annexure-2 would show that on account of desertion for more than three years, petitioner had to file a suit for divorce on 10.1.2007 which is still pending and in retaliation, it has been submitted that the present complaint case has been lodged by the wife of the petitioner on 17.2.2009. It has further been pointed out that the order of the Sessions Court shows that petitioner was willing to keep his wife with him but she refused to live with him. Considering all the facts and circumstances, the - 2 - prayer for anticipatory bail is allowed. In the event of arrest or surrender within six weeks, petitioner, Bipul Kumar Mahto, shall be released on bail on furnishing bail bond of Rs.7000/- with two sureties of the like amount each to the satisfaction of SDJM, Begusarai in connection with complaint case no.356 C/ 09, subject to conditions laid down under Section 438 (2) CrPC. sk (Shiva Kirti Singh, J.)