IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22587 of 2009 Vivekanand Kumar, Son of Late Naresh Singh, resident of village- Bhadokhara, P.S.-Mufassil, District-Nawada. -Petitioner. VERSUS 1. The State of Bihar. 2. Nibha Kumari, W/o-Vivekanand Kumar, D/o-Shyampati Singh, resident of Hafizpur Karmour, P.S.-Pandarak, District-Patna. -Opposite Parties. ----------- 02 20.08.2009 The petitioner is the husband of the complainant and apprehends his arrest in Complaint Case No.98C of 08 instituted under Sections 498A and 323 of the Indian Penal Code. As per the complaint which has been lodged on or about 05.03.2008. It is alleged that the marriage took place between the parties on 12.05.2007. It is also alleged that after two days the petitioner, his father and other relations started demanding gold which was allegedly agreed to be given earlier, on the said not being given the complainant was driven out of the house immediately. Thereafter on 21.05.2007 it has now been learnt that the petitioner intends to marry another girl and therefore the complaint is being filed after almost one year. The learned Sessions Judge, Patna while rejecting the anticipatory bail application, observed that when steps for reconciliation were taken, the petitioner adopted a very rigid attitude and refused to compromise. Learned counsel points out that this is a clear error of record. The complainant was issued notice in that matter, which she received on 23.12.2008, in stead of appearing and try to compromise the matter on 11.02.2009 she again lodged another complaint with similar allegations. To expect a husband to compromise - 2 - in this manner and then reject his anticipatory bail is wholly improper. Be that as it may, in the event of arrest/surrender within four weeks from today, the above named petitioner shall be released on bail on furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Barh in connection with Complaint Case No.98(C) of 2008, subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code. Trivedi/ (Navaniti Prasad Singh, J.)