IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37059 of 2008 MUNNA SHARMA, son of Late Siris Sharma, resident of Village Neura, P.S. Minapur, District Muzaffarpur ------ Petitioner Versus 1.STATE OF BIHAR 2.Smt. Rekha Devi, w/o Munna Sharma 3.Satrughan Sharma, son of Late Sirish Sharma, both resident of Village Neura, P.S. Minapur, District Muzaffarpur -------Opposite Parties ----------- 2. 27.11.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Complaint Case No.1257/2007 for the offences under section 498A of the Indian Penal Code. The allegation against the petitioner is that he married with the complainant (opposite party no.2). As she could not bear a child, the petitioner married with one Chanchala Devi. After the marriage of the petitioner with co-accused Chanchala Devi, the complainant used to be assaulted and she was also compelled that if at all she used to live in her matrimonial home, she could live with the elder brother of the petitioner. It is submitted on behalf of the petitioner that as a matter of fact, the petitioner never married with the complainant. The learned APP appearing for the State opposes the prayer for bail and submits that as regards the offence under section 498A of the Indian Penal Code, the allegation is that the petitioner 2 married with co-accused Chanchala Devi and she was being compelled to live with the elder brother of the petitioner as husband and wife and on being objected by the complainant, she was driven out from her matrimonial home. The allegation to the above effect is repeated in the solemn affirmation of the complainant. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, I am not inclined to grant anticipatory bail to the petitioner. The application is, accordingly, dismissed. However, on surrender in case an application for regular bail is filed in the court below, the same would be considered on its own merits in accordance with law without being prejudiced by the present order. PNM (Shailesh Kumar Sinha, J.)