IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30707 of 2009 KAMLESH BHAGAT Versus STATE OF BIHAR ----------- 6 15.4.2010 Heard Mrs. Namrata Mishra, learned counsel appearing for the petitioner, Mr. Nawal Kishore, learned A.P.P. for the State and Mr. Raghav Prasad, learned counsel appearing for the complainant. Petitioner apprehends his arrest in connection with complaint case no. 1310 of 2008 in which cognizance has been taken under section s 498 A, 494, 120 B of the Indian Penal Code besides other offences. It is submitted that though the petitioner happens to be husband of the complainant, but he has filed a divorce case No. 79 of 2008 seeking dissolution of marriage on the ground of desertion by his wife. Matrimonial case appears to have been filed on 5.6.2008 and thereafter present complaint case appears to have been filed on 13.6.2008. Learned counsel for the complainant has strongly opposed the prayer for anticipatory bail made on behalf of the petitioner and has submitted that in view of the fact that petitioner has solemnized another marriage with another lady, therefore, there is no possibility of restoration of matrimonial relationship between the petitioner and the complainant. Taking into consideration that there are allegation and counter allegation against each other, the above named petitioner in the event of his arrest or surrender in the court below within a period of four weeks from today,he shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M,Siwan in the above noted case, subject to the conditions laid down - 2 - under section 438(2) Cr.P.C. (Birendra Prasad Verma, J) M.Rahman