IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13860 of 2011 MD. MUSTAK KURAISHI Versus THE STATE OF BIHAR ----------- 2. 12.05.2011. Heard the learned counsels for the petitioner and the State. The petitioner claiming to be husband of the complainant is apprehending his arrest in complaint case in which cognizance has been taken under Sections 406 and 506/34 of the Indian Penal Code and Section 4 of the D. P. Act. Though complaint was filed under Section 498A of the I.P.C. but it is submitted that the cognizance has not been taken under Section 498A of the I.P.C. The petitioner is ready to keep the complainant as wife with full dignity and honour since the marriage was performed seven years prior to lodging of the case. Considering the aforesaid facts, let the petitioner, above named, be released on provisional anticipatory bail for six months in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with 2 complaint case no. 430 of 2010 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Siwan, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Learned court below will issue notice to the complainant and on her appearance the petitioner will take back the complainant to her matrimonial home to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed on substantial restoration of matrimonial harmony or if the complainant refuses to reside with the petitioner. U. K. ( Dinesh Kumar Singh, J)