IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16766 of 2008 MADHUKANT DUBEY, S/o Budhinath Dubey, R/o Ekderwa, P.S - Paharpur, District – East Champaran. ….. Petitioner. Versus 1. THE STATE OF BIHAR. 2. RITA DEVI, D/o late Parash Pandey, W/o Madhukant Dubey, R/o village – Barwa, P.S. – Govind Ganj, District – East Champaran. ….. Opp. Parties. ----------- 07/ 31.03.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a complaint case registered for the offence under Section 498A and other allied sections of the Penal Code and 3/4 of the Dowry Prohibition Act. It is submitted on his behalf that his wife Rita Devi has taken another husband, namely, Anurag Tiwari and in this circumstances, he is not willing to continue matrimonial relationship with her. Noticing aforesaid contention, this court had issued notice to the wife O.P. No.2, whereafter Sri Ranjeet Kumar Singh No. 2 has appeared in these proceedings on behalf of O.P. No. 2, but he is not present to oppose the prayer made in this application. Although, the matter has been adjourned on several occasions. In the circumstances, this Court directs the petitioner to surrender in the court below within four weeks from today and apply for regular bail on the ground aforementioned and the court below should issue notice to the wife and after hearing the parties pass appropriate orders in accordance with law. Until such order is passed by the court below after hearing the wife O.P. No. 2 no coercive steps be taken against the petitioner in connection with Complaint Case No. 322 of 2005 pending in the court of S.D.J.M., Sadar, Motihari. DKS/ (V.N. Sinha, J.)