IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11904 of 2009 1. INAMUL HAQUE, son of late Famiruddin 2. Sakina Khatoon, wife of Inamul Haque Both residents of village-Manhori, P.S.-Barsoi, District-Katihar--------------- ----------------------------------------------------------------------Petitioners. Versus STATE OF BIHAR with Cr.Misc. No.13507 of 2009 GULAM SARWAR @ MD.GULAM SARWAR, son of Inamul Haque, resident of village-Manhori, P.S.-Barsoi, District-Katihar---------------Petitioner. Versus STATE OF BIHAR ----------- 2. 21.4.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that complainant herself is not willing to reside with her husband and all the family members have been made accused in the case. Husband has filed a matrimonial case for restitution. Filing of matrimonial case at the relevant time appears act of the husband to save his skin from the case filed on behalf of the complainant. He may not have the knowledge of filing of the case but differences were existing and he was expecting something untowards. So, I find Cr. Misc. no.13507 of 2009 not a fit case in which anticipatory bail can be granted. Prayer for anticipatory bail of the petitioner of Cr. Misc. no.13507 of 2009 is rejected. But I agree with the submission of the learned counsel that differences are in between the wife and husband and petitioners of Cr. Misc. no.11904 of 2009 have no concern for the same nor their arrest at the moment is justified. Prayer for anticipatory bail of petitioners of Cr. Misc. no.11904 of 2009 is allowed. - 2 - Accordingly, in the event of arrest or surrender within one month from today in Complaint Case no.2612 of 2008 , the above named petitioners of Cr. Misc. no.11904 of 2009 shall be released on bail on furnishing bail bond of Rs.10,000/-( Ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Katihar, District-Katihar , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )