IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22910 of 2009 GANESH PRASAD SINGH, son of Shambhu Pd. Singh, resident of village- Shahpur Undi, P.S.-Patori, District-Samastipur. …….Petitioner Versus 1. The State Of Bihar 2. Nilam Singh, daughter of Thakur Baidyanath Pd. Singh, resident of Dighi, Kala Basant Bihar Colony, P.S.-Sadar Hajipur, District-Vaishali. …….Opposite Parties. ----------- 02. 07.09.2009 Petitioner apprehends arrest in Hajipur Sadar P.S. Case No. 270 of 2000 instituted under Section 498(A) and other Sections of the Indian Penal Code. Petitioner’s earlier application for Anticipatory bail being Cr. Misc. No. 2562 of 2002 was permitted to be withdrawn by order dated 09.04.2002 by this Court with liberty to petitioner to surrender in the Court below and pray for bail but instead of surrendering petitioner kept absconding. He has filed this application again after seven years. Learned counsel for the petitioner states that petitioner thought that the case has been closed as parties were divorced by order passed in Divorce Case No. 34 of 2002 dated 10.02.2004 by the First Additional District Judge, Samastipur. But he recently came to know that though the informant had agreed to divorce and had separated and remarried but had not withdrawn the case aforesaid. In the facts aforesaid, I direct the petitioner to - 2 - appear before the Trial Court and surrender. On such surrendering, the Trial Court shall immediately release the petitioner on bail pending enquiry into the matter of divorce. The Court would verify whether a decree for divorce has been granted by the said Court or not. If it is found that it has in fact been granted and is operative, the Court would confirm the bail to the petitioner and pass appropriate orders in that regard. Court may also notice to the informant to verify the facts aforesaid and then pass appropriate orders in accordance with law. The application stands disposed of. Shageer (Navaniti Prasad Singh, J)