IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37323 of 2009 KRISHNA SAO @ KRISHNA VERMA Versus STATE OF BIHAR ----------- 8 15.11.2010 Heard learned counsel for the petitioner as well as learned counsel for the State. Earlier a notice was sent to the complainant but she did not appear before this court in spite of valid service of notice. Petitioner is husband of the complainant and it appears that his prayer for anticipatory bail was earlier rejected by learned Sessions Judge, Munger in the year 2003, but he did not surrender before the court below. Rather again he filed second anticipatory bail petition before Additional Sessions Judge, Lakhisarai in the year 2009 and again his prayer for anticipatory bail was rejected. Though learned counsel for petitioner submits that the complainant has already solemnized his second marriage with another person and she is not willing to lead her conjugal life with the petitioner but considering the fact that petitioner is evading his arrest since the year 2 2003 and he did not feel it proper to surrender before the court rather filed petition for anticipatory bail. Accordingly, his prayer for anticipatory bail is rejected. However, petitioner is directed to surrender before the learned court below and seek regular bail within 30 days from the date of communication of this order to the concerned court and if he surrenders before court below, the learned court below shall consider the regular bail application of the petitioner on its own merit, particularly, keeping in mind that the marriage of petitioner had taken place with complainant in the year 1996 and as per submission of the learned counsel for petitioner the complainant has already solemnized her second marriage with another person. PN/- ( Hemant Kumar Srivastava,J.)