IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34682 of 2010 ASHOK PANDIT, S/o Late Nand Kishore Pandit, Resident of Village- Mirjapur Kanhai Nagar, P.S.- Nawada, District – Nawada ............. Petitioner Versus 1. STATE OF BIHAR ............... Opp. Party No.1 2. Savitri Devi, W/o Ashok Pandit, D/o Indradeo Pandit, R/o Village – Bhadauni, P.S.- Nawada, District – Nawada. ................. Opp. Party No.2 ----------- 4 26.03.2011 Heard Sri Sanjay Kumar Sinha, learned counsel for the petitioner and Smt. Indu Bala Pandey, learned Addl. Public Prosecutor. In this case, despite valid service of notice on Opposite Party No.2, she has chosen not to appear. In this case, the petitioner is the husband of Opposite Party No. 2, and has been made accused in Complaint Case No. 967 of 2008, registered for the offence under Sections 498(A) & 323 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has also filed a Miscellaneous Case for restitution of conjugal right and petitioner is interested to keep the Opposite Party No.2, with him, peacefully. In view of the facts and circumstances, let the petitioner namely, Ashok Pandit, be enlarged on bail, in the event of arrest or surrender, before the court below, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Ravi Ranjan Mishra, Judicial Magistrate, 1st Class, Nawada, in connection with Complaint Case No. 967 of 2008, subject to the condition contemplated under Section 438(2) of the Code of Criminal Procedure. The petitioner must appear before the 2 court below within one month from today. Anticipatory bail petition stands allowed. Praful ( Rakesh Kumar, J.)