IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16146 of 2011 Zakir @ Zakir Ansari Versus The State Of Bihar & Ors ----------- 03. 20.09.2011 The petitioner being the husband is apprehending his arrest in a complaint case in which cognizance has been taken under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The marriage was performed in the year 2002. It appears that earlier also a case under Section 498A was initiated against the petitioner when under the compromise, both sides tried to reconcile the matter subsequently, the present case was lodged on 23.06.2009. Though, prior to that, divorce case has been filed by the petitioner on 13.05.2009. In pursuance to the order dated 23.06.2011, the petitioner and opposite party no.2 are present. The petitioner is ready to keep the complainant as wife with full dignity and honour, however, the complainant alleges that the petitioner has performed second marriage which is categorically denied by the petitioner. The petitioner undertakes to take the 2 complainant to her matrimonial house within a period of two weeks and subsequently to his place of working at Delhi. The aforesaid offer of the petitioner is acceptable to the opposite party no.2 who also undertakes that she will make all effort to resume the conjugal life Considering the aforesaid stand of the parties, let the above named petitioner be released on provisional anticipatory bail for six months in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Bettiah, West Champaran in connection with Compliant Case No. 1400C of 2009 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The provisional bail of the petitioner will be confirmed by learned court below if the matrimonial harmony is substantially restored or if the complainant deliberately refuses to reside with the petitioner. Amrendra/ (Dinesh Kumar Singh, J) 3