IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42323 of 2009 MD.FAIYAZ @ WADDU @ MD.FAIAZ SON OF LATE SULEMAN RESIDENT OF VILLAGE KAMASPUR,P.S.ASTHAWAN,DISTT.NALANDA Versus STATE OF BIHAR For the petitioner : Mr.Sanjeev Kumar For the State : Mr.Addl.P.P. ----------- 2/ 11.2.2010 Heard learned counsel for the petitioner, learned Addl.P.P. and learned counsel appearing for the complainant. The petitioner apprehends his arrest in Complaint Case No. 67 C of 2008 which was lodged for offences under Sections 498(A) and 406 of the Indian Penal Code. From the impugned order it appears that the parties were present before the court below but the petitioner was not ready to keep his wife/complainant and therefore, his prayer for anticipatory bail was rejected. The petitioner is husband of the complainant whose marriage was performed in the year 1978. Considering the allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for anticipatory bail is rejected. However, the petitioner should surrender and make prayer for regular bail before the court below which shall be considered on its own merit without being prejudiced by this order. Tahir/- ( Shyam Kishore Sharma, J.)