IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26673 of 2010 BAIKUNTH PASWAN Versus STATE OF BIHAR ----------- 2 11.8.2010 Heard counsel for the petitioner and the State. The prayer for bail of the petitioner was earlier rejected by this court by order dated 21.8.2007 passed in Cr.Misc.No.36254 of 2007 with an observation that the petitioner will not be arrested for five weeks and if in the meantime the Opposite party no.2 appears and expresses her desire to live with him, the interim relief would be extended for further times in order to ensure that the petitioner is keeping his wife well and only then final order would be passed confirming the bail. Learned counsel for the petitioner submits that the complainant refused to live with the petitioner. He submits that the complainant has filed a case of maintenance under section 125 Cr.P.C. bearing Maintenance Case No.46 of 2007 in which she has made certain financial demand like transfer of one of the houses and deposit of lump sum amount in her Bank account. He further submits that the petitioner is in a private job at Jamshedpur and he is not in a position to accept the exorbitant demand of the complainant. Moreover, the entire family members have been made accused in the instant case. Having considered the facts and circumstances of the 2 KHAN case, I am not inclined to grant anticipatory bail to the petitioner. His prayer for bail is rejected. However, if the petitioner surrenders within four weeks from today, his prayer for bail would be considered on its own merits preferably on the same day without being prejudice by the fact that he earlier moved this court for anticipatory bail. It is made clear that it would be open for the parties to conciliate the matter. Let this order be communicated through fax at the cost of the petitioner. (S.P.Singh,J)