IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31298 of 2008 MUKESH THAKUR, son of Birendra Thakur, R/o Village – Kudaria Bazar, P.S. Patahi, Distt. – East Champaran at Motihari ………………………………………. Petitioner Versus 1. THE STATE OF BIHAR & 2. Kabita Devi, D/o Sri Raj Kishore Thakur, R/o Village – Kapur Pakari, P.S. Shikarganj, Distt. – East Champaran at Motihari ………………………… Opposite parties. ----------- For the Petitioner:- Dr. Amrendra Kumar, Advocate. For the State:- Mr. Ram Priya Sharan Singh, A.P.P. ---------- 4. 18.04.2009. Heard learned counsel for the petitioner and learned counsel appearing for the State. Cognizance has been taken against the petitioner under Section 498A of the Indian Penal Code in Complaint Case No. 406 C of 2007. It is urged on behalf of the petitioner that a general and omnibus allegation has been made against the accused persons including the petitioner in the complaint case but the petitioner is ready to keep his wife,(the complainant) with full honour and dignity. According to the petitioner, for this reason only a matrimonial case bearing no. 45 of 2008 has been filed by him under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. Further - 2 - contention is that the petitioner is in jail custody since 01.05.2008. Learned counsel for the State submits that the allegation is against the accused persons of torturing the complainant as also demand of dowry. Earlier, notice was issued to Opposite Party No. 2, but despite the notice having been validly served upon the complainant, there is no representation on her behalf before this Court. In the facts and circumstances of the case I direct the petitioner, namely, Mukesh Thakur to be released on bail on his furnishing bond in the sum of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sikarhana at Motihari in Trial No. 2810/2007, arising out of Complaint Case No. 406/2007. dk ( Dr. Ravi Ranjan, J. )