IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18436 of 2009 SUDHAKAR PANDEY,son of late Sheo Kumar Pandey,resident of village-Pahari Chak,P.S.- Bagen Gola, District-Buxar. Versus STATE OF BIHAR ----------- 02/ 06-07-2009 Heard learned counsel for the petitioner, learned counsel for the complainant and learned counsel for the State. Bagen P.S.Case No.18 of 2007 is pending for cruelty caused by the petitioner. According to the learned counsel for the petitioner, petitioner was allowed bail but forced to file divorce case, then again this complaint case is lodged, which is replied by the learned counsel for the complainant that complainant only accompanied with the husband on his undertaking to keep her with dignity, which was made basis for bail also. Whatever may be the circumstance, counsel appearing for the complainant needs no advice of the Court for proper remedy, but second complaint for refusal of petitioner’s bail, in my view, is not justified. Accordingly, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from the date of receipt/production of a copy of this order in Complaint Case No.36© of 2007 (T.R.No.1597 of 2008), 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 Sub-Divisional Judicial Magistrate, Buxar, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )