IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40428 of 2008 Sri Ram Das son of Late Janak Das, resident of Village- Basuchak, P.S. Saraiya, District- Muzaffarpur. ----Petitioner. -Versus- 1. The State of Bihar. 2. Sunita Devi, W/o Sri Ram Das, of village-Basuchak, P.S. Saraiya, at present- D/o Jitu Das, S/O Late Saryug Das, of Village- Kolhuwa, P.S. Saraiya, District- Muzaffarpur. ----Opposite Parties. ----------- 3. 13.01.2009. Heard the counsel for the petitioner, State as well as the complainant. Counsel for the petitioner submits that the marriage was solemnized in the year 1992. The petitioner and the complainant had three children out of their wedlock. Suddenly after so many years at the instance of her father, the complainant has filed this complaint case under Section 498A and other Sections of the Indian Penal Code. The reason for filing of the complaint case is that the petitioner is working at Kolkatta and the complainant is not ready to live with him at his work place. Counsel for the opposite party no.2 on the other hand submits that the petitioner is not properly maintaining and looking after his family. It has also been submitted that the complainant is ready to live with her husband. Since both the parties are ready to live together, they should start living as husband and wife. The petitioner will provide subsistence means to the complainant for maintaining herself as well as her three children. In case it is not done, the complainant will have - 2 - to liberty to file an application for cancellation of Anticipatory bail of the petitioner. On the aforesaid terms and conditions, the prayer for Anticipatory bail on behalf of Sri Ram Das is allowed. In the event of arrest or surrender within four weeks from today, the petitioner Sri Ram Das is directed to be released on Anticipatory bail on furnishing bail bonds of Rs.10,000/-((Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub- Divisional Judicial Magistrate, West Muzaffarpur in connection with Complaint Case no. 1161 of 2007, Tr. No. 1726 of 2008 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. U.K. (Mridula Mishra, J)