IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35375 of 2007 BAHADUR CHAUDHARY Versus STATE OF BIHAR ----------- 5 18.3.2009 Heard counsel for the petitioner and the State. The petitioner who is the husband apprehends his arrest in a case under section 498A of the Penal Code. It is alleged by the complainant that due to non-fulfillment of demand of dowry, the petitioner and his other family members subjected her torture. It appears that pursuant to the notice to the Opposite party no.2, she entered appearance and thereafter opportunity was provided to the parties to compromise their matter. As the matter has lingered for a long time, this court does not want to keep the same pending any longer. In this view of the matter this court disposes of anticipatory bail application of the petitioner in the following terms: i) The petitioner must appear in the court below within five weeks from today. During the aforesaid period, if the Opposite party no.2 appears and expresses her desire to live with the petitioner then in that case the interim relief which is being granted to the petitioner may be extended for a few months to ensure that the petitioner is keeping his wife, Opposite party no.2 with all due care and dignity. ii) In case Opposite Party no.2 does not appear in the 2 KHAN court, the learned Magistrate will dispose of the bail application of the petitioner on its own merit without being prejudiced by the fact that the petitioner has moved this court. iii) No coercive measures would be taken against the petitioner for five weeks from today in connection with Complaint Case No.1968 of 2004 pending in the court of S.D.J.M., Bhagalpur. Let this order be communicated through fax at the cost of the petitioner. (S.P.Singh,J)