IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33898 of 2011 Vijay Kumar @ Bijay Kumar Upadhyay Versus The State Of Bihar & Anr. ---------------------------------- 02. 12.10.2011 Petitioner being husband is apprehending his arrest in a complaint case in which cognizance has been taken under Sections 379, 498A of the I.P.C. The accusation is of making torture. It is submitted that restitution case was filed on 24.01.2009 whereas the present case has been filed on 31.08.2009. It is submitted by learned counsel for the petitioner that restitution case No. 17 of 2009 was allowed by the Principal Judge, Family Court, Gopalganj which has been brought on record which reflects that the learned Court below directed that if O.P. No. 2 will still not resume the conjugal life then it will be treated that she herself deserted the husband. Considering the fact that restitution case was filed prior to lodging of the present case which has been allowed, let the petitioner namely Vijay Kumar Upadhyay @ Bijay Kumar Upadhyay, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Saran at Chapra in connection with Complaint Case No. 3131 of 2009, T.R. No. 2019 of 2011. Shageer (Dinesh Kumar Singh, J)