IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41241 of 2010 VIKRAMADITYA RAI @ VIKRAMA RAI , son of Sri Vaijnath Rai, resident of village-Bara, police Station Samdesh in the district of Bhojpur Versus 1. THE STATE OF BIHAR 2. Siram Devi wife of Bikramaditya Rai, resident of village-Bara, P.S. Samdesh in the district of Bhojpur, Presently residing with her father Binay Kumar Tiwari in village-Manjhiasen, Police Station- Charpokhari in the District-Bhojpur. ----------- 2 18.11.2010 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. Petitioner is in custody in connection with Charpokhari P.S. Case No.148 of 2009 for the offence punishable under Sections 498A and 377 of the Indian Penal Code. The present case arises out of Complaint Case No. 2189C of 2009 which was subsequently registered under Section 156(3) of the Code of Criminal Procedure giving rise to the present case. Learned counsel for the petitioner submits that the very fact that this petitioner has filed an application before the Family Court giving rise to Matrimonial Case No.166 of 2009 under Section 9 of the Hindu Marriage Act for restitution of conjugal rights demonstrates his 2 bonafides and falsifies the allegations as set out in the F.I.R. Learned counsel submits that even while the petitioner is willing to keep the complainant with due care and dignity, she has instituted the criminal case on unfounded allegations. He further submits that for the allegation set out in the F.I.R., the petitioner was taken into custody on 6.6.2010. Taking into consideration the circumstances and considering the submissions of the learned counsel, let the petitioner Vikramaditya Rai @ Vikrama Rai be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sri A.K. Singh, Judicial Magistrate Ist Class, Bhojpur at Ara in connection with Charpokhari P.S. Case No.148 of 2009. Bibhash (Jyoti Saran, J.)