IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46609 of 2009 ASHWANI KUMAR NIRALA @ ASHWANI KUMAR @ BHOLA, s/o Rama Shankar Prasad, resident of village- Pahadpur, P. O. Sadarpur, P. S. Badhariya, District- Siwan. … Petitioner. Versus STATE OF BIHAR ----------- 2. 01.02.2010 Heard counsel for the petitioner and counsel for the State. While this court was initially not inclined to grant anticipatory bail taking into account the nature of allegation u/s 498A I.P.C. and the conduct of the petitioner who has left his ailing wife to suffer for no fault on her own part but taking into account the statement made by the learned counsel for the petitioner that the petitioner is prepared to settle the matrimonial dispute with his wife and that he will take her back to his house and keep on looking after her with all dignity, would in order to test his bonafide, grant anticipatory bail to the petitioner for a limited period of three months only. After three months both the petitioner and his wife will have appear before the court below and in the event the wife would convey to the court, on an affidavit as also personally, that the petitioner had taken due care and had kept her with love and affection, in that case the court below would again extend 2 the provisional bail again for a period of three months only. Such exercise of extension of provisional bail on expiry of each period of three months shall be continued for a total period of three years in which the extension will depend only on the satisfaction of the court below as with regard to the welfare and safety of the wife in the hands of the petitioner and thus the petitioner will have to keep on satisfying the court below with regard to his peaceful conjugal life. It is made clear that if on any occasion either in the period of three months or even in between, the wife comes out with a sustainable allegation of any real torture / ill-behaviour on the part of the petitioner, the court below will immediately cancel the provisional bail of the petitioner and take him into custody at once whereafter his prayer for regular bail shall be decided on merits. That being so, subject to the aforementioned condition if the petitioner namely Ashwani Kumar Nirala @ Ashwani Kumar @ Bhola, would surrender within a period of four weeks from today he is directed to be released on provisional bail initially for a period of three months only on his furnishing bail bond of Rs.10,000(ten thousand) with two sureties of the like amount each to the 3 satisfaction of learned Sub- Divisional Judicial Magistrate, Chapra in connection with Complaint Case No. 3708 of 2008, subject to the conditions as laid down under Section 438(2) Cr.P.C. Before parting with this court with reference to the impugned order must observe that the learned Sessions Judge, Saran should have refrained from making the following routine generalised observations of a universal application reflecting his closed mind while rejecting the prayer for anticipatory bail of the petitioner, namely:- "..............The petitioner is the husband of the alleged victim and this court holds the husband sole responsible person in such type of cases and while granting bail to other family members this Court is in the habit of refusing bail to the husband who is the prime responsible person in such type of cases. Accordingly, I refuse to grant anticipatory bail to this petitioner who is husband of the alleged victim lady............." It has to be kept in mind that every matrimonial dispute has its own special features and it would be always prudent to the decide the cases for grant of bail to the accused husband u/s 498A I.P.C. on its own 4 facts and circumstances instead of passing blanket order for rejection of the prayer of anticipatory bail of the husband for such offences by applying a rule of thumb. With the aforesaid observations and directions this application is disposed of. Let a copy of this order be sent to the District and Session Judge, Saran at Chhapra for necessary guidance in future. kanchan (Mihir Kumar Jha, J.)