IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13030 of 2009 Sheikh Mahboob Ahmad, Son of Mobin Ahmad Anjum, Resident of Mohalla- New Mukund Nagar (New Nawed Complex, Rani Girniwala, Makan No. 86, P.S. Vingar, District-Ahmad Nagar (Maharastra). -Petitioner. VERSUS The State of Bihar -Opposite Party. ----------- 03 16.07.2009 The petitioner is the husband and apprehends arrest in Complaint Case No. 748C of 2008 instituted under Section 498A of the Indian Penal Code. A perusal of the complaint itself shows that all incidences have taken place in the State of Maharastra and in particularly in the town of Jhingar where the complaint was first lodged in which Police after investigation, as stated by the petitioner, submitted final form. Being dissatisfied the same the complainant chosen to come to Saharsa and lodged the present case. The learned Sessions Judge, Saharsa has rejected the application of anticipatory merely on the ground that cognizance of the offence punishable under Section 498 has been taken on the basis of the complaint. Let it be noted that merely cognizance has been taken does not mean anticipatory bail cannot be granted. Anticipatory bail has to be on the facts of the case and not on ground of cognizance otherwise legislature would have accordingly provided that once cognizance is taken an application of anticipatory bail is not maintainable. Considering the facts as noted above, if the abovenamed petitioner surrenders before the Court below within four weeks from today he shall be released on bail on his furnishing bail bonds or Rs. - 2 - 10,000/-(Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of S.D.J.M., Saharsa in connection with Complainat Case No. 748C of 2008, subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code. (Navaniti Prasad Singh, J.) Trivedi/