IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2583 of 2010 RAJESH KUMAR, S/o Shri Ram Naresh Mauwar, R/o Ektara, P.S.- Arer, District- Madhubani ….. Petitioner Versus THE STATE OF BIHAR . ….. Opposite Party ----------- 02 25.03.2010 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner, learned A.P.P. for the State and also Mr. Gagan Deo Yadav, learned counsel appearing for the informant. Petitioner apprehends his arrest in a case instituted under Sections 498-A, 323, 504 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that though he is the husband of the informant, but prior to lodging of the present F.I.R. vide Annexure-1 he had lodged a petition for restitution of his conjugal right under Section-9 of the Hindu Marriage Act vide Annexure-2. By referring to W.S. filed in the aforesaid Matrimonial Case by the informant, it is submitted that the entire prosecution allegations stands falsified. Learned counsel for the informant has opposed the prayer for anticipatory bail tooth and nail. Be that as it may, let the above named petitioner in the event of his arrest or surrender within four weeks from today, be enlarged on bail on furnishing bail bonds of Rs.-10,000/- (ten 2 thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Arer P.S. Case No. 108 of 2009, subject to the conditions laid down under Section 438 (2) Cr.P.C. P.K. (Birendra Prasad Verma, J.)