IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.954 of 2011 Bharat Jee, son of Narayan Jee, resident of village – Baleshwar Ghat Road, Balia, P.S. Kotwali, Balia, District Balia, Uttar Pradesh ……. Petitioner Versus 1. The State Of Bihar 2. Mamta Kumari w/o Bharat Jeee, D/o Kashinath Prasad, at present resident of village – Raghunathpur, P.S. Brahmpur, District – Buxar …… Opposite Parties For the Petitioner : Digvijay Kumar Ojha, Advocate For the State : Mr. Madan Kumar, A.P.P. For Opp. Party no.2: Mr. Amrendra Kumar Pathak, Advocate 12 24.08.2011 Heard learned counsel for the petitioner, the State and the opposite party no. 2. Petitioner was earlier granted provisional anticipatory bail vide order dated 12.01.2011 and thereafter matter has been heard several times and the husband – petitioner and the wife – opposite party no. 2 also appeared in person before this Court. However, the process of rapprochement could not bear any fruit. It is submitted on behalf of the petitioner that he has already filed a matrimonial case before the 2 Family Court, Buxar, bearing Matrimonial Case No. 55 of 2009 for restitution of conjugal life and the matter is being proceeded therein. A petition was filed by opposite party no. 2 on 11.3.2011 under Section 24 of the Hindu Marriage Act for grant of litigation cost and maintenance during the pendency of the aforesaid matrimonial case. The aforesaid application has been disposed of on 14.6.2011 directing the petitioner to make payment of Rs. 3,000/- as litigation cost to the opposite party no. 2 and a sum of Rs. 1000/- per month towards maintenance allowance from the date of the order. It is submitted that the petitioner is regularly paying the amount. The aforesaid fact has not been denied by the learned counsel for opposite party no. 2. In view of the aforesaid order and the fact that a matrimonial case for restitution of conjugal right was filed even before lodgment of the complaint case concerned, as submitted on behalf of the petitioner and not controverted by the opposite party no. 2, the provisional anticipatory bail granted to the 3 petitioner vide order dated 12.01.2011 is hereby made absolute. Accordingly, this application stands disposed of. Spd/- ( Dr. Ravi Ranjan, J.)