IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45646 of 2008 1. Sanjay Srivastava @ Sanjay, S/O Sri Nawal Kishore Srivastava, r/o Mohalla-Sati Raman Lane, Naya Tola, P.S. Sadar, District- Muzaffarpur, presently residing at C/16, Peoples Co-operative Colony, P.S.-Kankarbagh, Town + District- Patna. -----Petitioner. -Versus- 1. The State of Bihar. 2. Sushma Kumari, W/O Sanjay Srivastava @ Sanjay and d/o Sri Vishwanath Sahay, r/o mohalla-Devi Asthan Lane, Chiraiyatand, P.S.- Jakkanpur, District- Patna. ------Opposite Parties. ----------- 2. 3.2.2009. Heard the counsel for the petitioner and the State. Petitioner is the husband of complainant and apprehending his arrest in connection with Complaint Case No. 2798( C )/2007 registered for offence under Section 498A of the Indian Penal Code and Sections ¾ of the Dowry Prohibition Act. Counsel for the petitioner submits that the complainant herself is not willing to live with the husband and as per his information she has already filed a divorce case in this regard. So far the petitioner is concerned, he has filed a Matrimonial Case No. 64 of 2007 prior to filing of the present complaint for restitution of conjugal rights. Considering these facts, the prayer for Anticipatory bail on behalf of Sanjay Srivastava @ Sanjay is allowed. In the event of arrest or surrender within four weeks from today, the petitioner Sanjay Srivastava @ Sanjay is directed to be released on Anticipatory bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional - 2 - Judicial Magistrate, Patna in connection with Complaint Case No.2798( C ) of 2007 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. U.K. (Mridula Mishra,J)