IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38422 of 2009 MD. GYAS, son of late Jalaluddin, resident of village – chakdoriya, P.S. Lodipur, District – Bhagalpur. Versus 1. STATE OF BIHAR . 2. Gulshan Aara Khatun, daughter olf Sri Abdul Mazid, wife of Md. Gyas, R/O Kursela, P.S. Kursela District – Katihar. ----------- 03. 26.02.2010. Origin of the present case is Complaint Case No. 1403 of 2006. Cognizance has been taken against the petitioner under section 498A of the Indian Penal Code. Petitioner apprehends arrest who happens to be the husband of the complainant. Counsel for the petitioner submits that marriage was solemnized in 2000. Even according to the allegation made in the complaint petition the so-called mistreatment or physical assault, if at all, took place in the year 2001. The complainant case has been filed in 2006. That by itself is a ground for considering the prayer for anticipatory bail of the petitioner preferably. From the record it emerges that the complaint case has come to be instituted after the petitioner solemnized a second marriage which is not a bar under the personal law of the petitioner. Keeping the time frame of the allegation and filing of the complaint case and the background, let the petitioner namely, Md. Gyas, in the event of arrest or surrender within four weeks in the court below, be released on bail on furnishing bail 2 bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Katihar, in Complaint Case No. 1403 of 2006, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. rkp ( Ajay Kumar Tripathi, J )