IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46157 of 2008 MD.GHAYASUDDIN,son of Md.Abbas,resident of village-Charihari,P.S.-Sheikhpura, District-Sheikhpura. Versus THE STATE OF BIHAR ----------- 05/ 22-05-2009 Heard learned counsel for the petitioner, learned counsel for the complainant and learned counsel for the State. Submission of the learned counsel for the petitioner is that marriage is of the year 1991 and divergent allegations are levelled i.e. regarding dispossession from the house, demand of money and marrying another girl but on legal notice of the complainant query made from Emara-te-Shariya, basing which petitioner has filed a divorce case, which is clear enough that husband divorced the complainant, if that is not admitted then also they were residing separately having to gain maximum property possessed by the spouse. Thus, I find it not a fit case in which anticipatory bail can be refused. Accordingly, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from today in Complaint Case No.79©/2007, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Sheikhpura, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )