IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.999 of 2009 RAKESH KUMAR SINGH @ RAKESH KUMAR RAI S/O JAI PRAKASH SINGH, R/O VILL. CHHITRAWALIA P.S. EKMA, DIST. SARAN AT CHAPRA. ---- PETITIONER Versus 1.STATE OF BIHAR 2. BABITA DEVI W/O RAKESH KUMAR SINGH, D/O RAMESHWAR PRASAD THAKUR, R/O VILL. SISAI, P.S. JANTA BAZAR, DISTT. SARAN AT CHAPRA. ---- OPP. PARTIES. ----------- For the petitioner: Mr. Vikram Deo Singh, Advocate. For the State: Mr. Chaubey Jawahar, APP. 04. 29.04.2009 Heard both sides. The sole petitioner, who is husband of the informant, has approached this court for grant of anticipatory bail in a case instituted under Sections 341, 323, 379 and 498A/34 of the Penal Code. It is contended that petitioner herein had already filed a matrimonial case being M.C.Case No. 38 of 2008 under Section 9 of the Hindu Marriage Act. Notices thereof, were issued and served on the informant, whereafter, the present case has been lodged. It has further been submitted that the informant has also subsequently lodged a Suit under Section 13 of the Hindu Marriage Act for divorce. In the facts and circumstances of the case, this court is inclined to extend the petitioner to the privilege of anticipatory bail. In the event of his arrest or surrender within a period of four weeks from today before the court below, above named petitioner is directed to be released on bail on furnishing bail 2 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in connection with Ekma P.S. Case No. 58 of 2008, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure Code. Sym/ (Kishore K. Mandal, J.)