IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9269 of 2011 MUNNA KHAN SON OF RAUPH KHAN Versus 1. THE STATE OF BIHAR 2. MEHRAJ BEGAM WIFE OF MUNNA KHAN D/O SK. SAHBAN ----------- 2 08.04.2011 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending his arrest in a complaint case in which cognizance has been taken under Section 498A of the Indian Penal Code. It is submitted by learned counsel for the petitioner that the petitioner filed the restitution case and in pursuance to the compromise in restitution case, the complainant went to the matrimonial house, but she did not disclose that she has already filed the present complainant, which resulted into failure of the reconciliation. It is submitted that the petitioner is paying maintenance of Rs. 300/- per month since the complaint also filed the maintenance case. 2 Learned counsel for the complainant agrees to resume the conjugal life and is willing to go to the matrimonial house without any condition and is ready to withdraw all the cases filed by her, provided the petitioner does not torture. Considering the aforesaid facts, let the above named petitioner, be released on provisional anticipatory bail for six months, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Bettiah, West Champaran in connection with Special Case No. 576/2010 (arising out of Complaint Case no. 865C of 2008), subject to the conditions as laid down under Section 438(2) Cr.P.C. Within six months, both sides will withdraw all the cases between them then the learned court below will confirm the provisional anticipatory bail. The provisional anticipatory bail 3 of the petitioner will also be confirmed if the complainant deliberately refuses to reside with the petitioner. Amrendra/- (Dinesh Kumar Singh, J.)