IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.37404 of 2008 Chhangoori Chaudhary @ Manoj Chaudhary, son of Late Ram Prasad Chaudhary, resident of village Singrouli Chapram Kothi, P.S. Bakhtiyarpur, District Saharsa .. Petitioner Versus 1. The State of Bihar 2. Sakani Devi, wife of Chhangoori Chaudhary @ Manoj Chaudhary, resident of village Bhada, P.S. Sour Bazar, District Saharsa .. Opposite Party **** /3/ 12.01.2009 Heard the counsel for the petitioner and the State. 2. Petitioner is the husband against whom Complaint Case No. 1068C of 2007 has been filed by his wife for offence under Sections 498A of the Indian Penal Code and 4 of Dowry Prohibition Act. Counsel for the petitioner submits that petitioner is willing to live with his wife. He has also filed a case for restitution of conjugal rights, still the complainant herself is not ready to live with the husband. 3. Considering the facts, the petitioner, Chhangoori Chaudhary @ Manoj Chaudhary, is granted provisional anticipatory bail. He is directed to be released on provisional anticipatory bail, on his surrender before the - 2 - Court concerned within four weeks from today, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 1068C of 2007 to the satisfaction of the Chief Judicial Magistrate, Saharsa, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. 4. In case petitioner appears before the concerned Court, the Chief Judicial Magistrate, Saharsa, will issue notice to the complainant fixing the date for appearance of both the parties. From the Court itself the petitioner will bring his wife to his native place and will start residing with his wife. The Chief Judicial Magistrate will monitor the case at least for three months and, thereafter, will confirm the provisional anticipatory bail allowed to the petitioner. In case the complainant refuses to accompany the petitioner, his provisional anticipatory bail be confirmed. S.A. ( Mridula Mishra, J. )