IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6515 of 2010 GOPAL KUMAR, Son of late Ganga Prasad, Resident of Panna Mill Road, Gurhatta, P.S. Mojahidpur, District Bhagalpur. Versus STATE OF BIHAR ----------- 2 4/3/2010 Heard counsel for the petitioner and counsel for the State. The petitioner, husband, facing prosecution for the offence under section 498 (A) of the Indian Penal Code, has his defence for grant of anticipatory bail that it was he who had first filed the matrimonial case and the wife, the informant, had filed the present case under section 498 (A) of the I.P.C. only after appearing in the matrimonial case. Counsel, however, fairly submits that conciliation proceeding undertaken in the court below has failed and therefore only recourse left to the petitioner is to get a final order in the pending matrimonial case filed by him. In such circumstances, if wife has to survive till the matrimonial case and the petitioner also wants privilege of anticipatory bail, he must do the needful as is obligatory on the husband till pendency of the matrimonial case. That being so, when counsel for the petitioner has projected that the petitioner can pay a sum of Rs. 1000/- per month for maintenance of his wife this Court finding the amount to be too meagre and insufficient would hold that if the petitioner would pay a sum of Rs. 3,000/- per month from the date of filing of the F.I.R. and till the continuation of the matrimonial case he would be 2 eligible for grant of anticipatory bail. It is however made clear that the petitioner shall pay the arrears of Rs. 9000/- towards the arrear of three months i.e. December 2009 to February 2010 at the time of his surrender and the current amount beginning from the month of March, 2010 on every 10th of the next successive months. That being so and subject to the aforementioned conditions if the petitioner, namely, Gopal kumar, surrenders within a period of four weeks from today he shall be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Bhagalpur in Mojahidpur P.S. Case No.125 of 2009, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. Abhay Kumar ( Mihir Kumar Jha, J.)