IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3848 of 2010 SHEOJI MAHTO,s/o Late Lawang Mahto,resident of village-Satjora,P.S.-Panapur,Distt.-Saran at Chapra. .. .. Petitioner Versus 1. THE STATE OF BIHAR 2. Kaushalya Devi,w/o Sheoji Mahto-Satjora, P.S.-Panapur,Distt.-Saran at Chapra. ----------- 04/ 11-05-2010 In compliance of order dated 04-05-2010, opposite party no.2 is physically present in Court and has been duly identified by her lawyer. However, despite direction and undertaking given by counsel appearing on behalf of petitioner, he is not present in Court. Therefore, no endeavour could be made for reconciliation of the entire dispute between the parties. Consequently, the Court was left with no option but to hear the matter on merit. Heard the parties on merit. In a criminal prosecution for the offences under Sections 498A and 323 of the Indian Penal Code, the petitioner is the husband of the complainant (opposite party no.2). In the complaint petition it has been alleged that the petitioner was a Railway employee and after retirement he is living at his village home and has received retiral dues and getting pension etc., but the complainant is being tortured and she is not being maintained by the petitioner. It has also been alleged that she was finally driven out from her matrimonial home on the date of occurrence. Apparently, the petitioner is a resourceful person and is getting pension after retirement. He, being the husband, is solely 2 responsible for the well being of his wife, who is now an old lady. She has practically been thrown on the road by the criminal act of the petitioner and she is practically facing starvation. In that view of the matter, the prayer for anticipatory bail made on behalf of the petitioner is rejected. He must surrender in the court below in connection with Complaint Case No.3382 of 2008 within a period of four weeks from today and seek regular bail, if so advised. If such a petition is filed, the same shall be considered and disposed of on its own merit without being prejudiced by the present order. Liberty is also granted to the complainant to seek legal remedy for getting maintenance from the petitioner. AH/ ( Birendra Prasad Verma, J.)