IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45082 of 2010 MD. SAHEBJAN son of late Nassiruddin, resident of village- Madhuban Jhitkahan, P.S. Kanti, District-Muzaffarpur…. Petitioner. Versus 1. THE STATE OF BIHAR 2. Mohnaz Begam w/o Md. Sahebjan and daughter of Md. Suleman, resident of village- Madhuban Jhitkahian, P.S. Kanti, District- Muzaffarpur, at present resident of village- Sakra, P.S. Kudhani, District-Muzaffarpur. … Opposite parties. ----------- 2. 26.03.2011 Heard learned counsel for the parties. At the outset, counsel for the petitioner would submit that the case being one under Section 498 A of the IPC and 3/4 of D. P. Act, notices may be issued to opposite party no. 2 , wife. This Court is not in a position to accept such submission because such exercise had already been undertaken by the court below and a clear finding was recorded that the petitioner /husband is reluctant to keep his wife opposite party no. 2. That being so, this Court would find that the petitioner would not be entitled for grant of anticipatory bail as admittedly he had neglected to keep his wife and his ailing child and accordingly the prayer for anticipatory bail of the petitioner is, therefore, rejected. In case, the petitioner would surrender and 2 seek regular bail and the court below finds that there is change in his attitude and that he is now prepared to keep his wife in a dignified manner, the court below will grant initially provisional bail and would thereafter watch the conduct of the petitioner before confirming his such provisional bail. kanchan (Mihir Kumar Jha, J.)