IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22969 of 2008 MANJOOR ALAM S/o- Abdul Sattar R/o- Village Dumaria Sukhasan P.S. – Barari District - Katihar Versus 1. THE STATE OF BIHAR 2. Afsana Khatoon W/o- Manjoor Alam D/o- Abdul sattar Village – Bansgara Chitouniya P.S. Barari District - Katihar ----------- 4. 07.11.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered for the offences under Section 498A of the Indian Penal Code and 4 of the Dowry Prohibition Act. There is specific allegation against this petitioner of demand of dowry and torture. Learned counsel for the petitioner submits that he has filed an application for restitution of conjugal rights. However, the complainant herself has not come to her matrimonial home. He further submits that in this case despite notice complainant has not appeared. Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation against this petitioner of demand and torture. - 2 - As a result, the complainant herself left her matrimonial home leaving behind her children and as such, petitioner is not entitled to privilege of anticipatory bail. Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for bail on behalf of the petitioner is rejected. Jagdish/- (Shailesh Kumar Sinha,J)