IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26612 of 2010 MD. YASIN @ MD. YASIN ALAM Versus STATE OF BIHAR ----------- 03 27.10.2010 Heard learned counsel for the petitioner as well as learned counsel appearing for the State. Petitioner is husband of the complainant and there is allegation that on earlier occasion the complainant was put on fire and her treatment was done. Though at the time of aforesaid occurrence no case was instituted and the complainant’s father had executed a risk bond before the doctor mentioning this fact that his daughter had caught fire accidentally but it appears to me that the aforesaid fact was disclosed by the complainant’s father just only to save the married life of his daughter. It appears that in spite of the aforesaid occurrence complainant started residing in her matrimonial home but the petitioner did not change his behaviour and finding no alternative complainant has filed the instant case. Learned counsel for the petitioner submits that, as a matter of fact, the complainant was divorced by the petitioner and after the aforesaid divorce the complainant lodged this false case just to take revenge from the petitioner. He also points out that admittedly the marriage of the complainant with the petitioner took place in the year 2002 and she led her conjugal life happily and peacefully and gave birth to two children. So the aforesaid circumstances clearly suggest that she was never ill 2 treated or tortured either by the petitioner or his family members. In view of the aforesaid submissions as well as circumstances, I do not feel it proper to extend the privilege of anticipatory bail to the petitioner. Accordingly this anticipatory bail petition stands rejected. However, the petitioner is directed to surrender before the learned court below within 30 days from the date of communication of this order to the concerned court and if petitioner surrenders before the learned court below (Sub- Divisional Judicial Magistrate, Banka in Complaint Case No. 604 of 2009) within the above stated period and seek regular bail, the learned court below shall consider the regular bail of the petitioner on its own merit without being prejudiced by this order, particularly, keeping in mind that as per petitioner’s case the complainant has already been divorced. Shahid/Shahzad ( Hemant Kumar Srivastava, J.)