IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3997 of 2010 VINOD KUMAR son of Shri Rameshwar Prasad Versus THE STATE OF BIHAR ----------- 4/ 13.05.2010 Heard learned counsel for the petitioner and the State as well as informant. The petitioner apprehends his arrest in a case registered for the offence under Sections 498 (A) and 379 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The informant, who happens to be the wife of the petitioner, states that she was married to the petitioner on 06.07.2003, as per Hindu Rites. She further states in the First Information Report that when she went to her Sasural, then accused persons started torturing her, mentally and physically. Learned counsel submits that petitioner is a Senior Engineer in NTPC and posted at Sipat, Bilaspur (Chhattisgarh). He submits that two of his sisters stayed abroad. He further submits that he is still willing to keep the informant with due care and affection. He submits that petitioner has filed a suit for restitution of conjugal rights. Counsel for the informant submits that this anticipatory bail application is not maintainable, as petitioner was arrested in Bhopal and was granted the privilege of transit bail. In support of his submission learned counsel has referred to a decision in case of Adri Dharn Das Vs. State of West Bengal reported in AIR 2005 SC 1057. Having heard the counsel for the parties. This Court finds substance in the submission of learned counsel for informant that if - 2 - one is arrested, anticipatory bail could not be applicable. In these circumstances, anticipatory bail is not maintainable. The petitioner should surrender before the court below (Chief Judicial Magistrate, Patna in connection with Kankarbagh P.S. case no. 348 of 2009) and seek regular bail, which will be decided on its own merit without being prejudiced by this order. It will be open to the petitioner to take the plea of his readiness to keep the informant with due care and affection, and for which he had already filed a case for restitution of conjugal right. Conciliation at any time would be always preferable in matrimonial dispute. This application, thus, stands disposed of as non- maintainable. Uday/ (Samarendra Pratap Singh, J.)