IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28306 of 2009 SURESH THAKUR, son of Late Ganesh Thakur, village Roshna Baz, Deshi Tola, PS Pranpur, District Katihar – Petitioner. Versus STATE OF BIHAR ----------- 2 29.10.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner who is the husband is seeking anticipatory bail in a case under section 498A of the Penal Code. Learned counsel for the petitioner submits that the marriage took place fifteen years back and the allegation of cruelty against the petitioner is not correct. It is submitted that the petitioner has filed a petition for restitution of conjugal rights. From the order sheet it appears that settlement has failed and the wife of the petitioner is not ready to live with him. From the aforesaid facts it is evident that sending the petitioner to jail would not solve the problem as a case has been filed for restoration of conjugal rights. Considering this aspect the petitioner is directed to be released on anticipatory bail in the event of his arrest or surrender within six weeks in Complaint Case No. 2060 of 2008 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, Katihar subject to the conditions laid down under sections 438(2) of the Cr. P. C. haque (Sheema Ali Khan, J.)