IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7511 of 2009 MAHABIR VISHWAKARMA,son of Shri Narayan Vishwakarma,resident of village- Tarawa,P.S.-Wazirganj,District-Gaya Versus STATE OF BIHAR ----------- 02/ 06-04-2009 Heard learned counsel for the petitioner and the State. Submission of the learned counsel for the petitioner is that it is the complainant’s father, who is instrumental in not allowing the complainant to reside with this petitioner, as petitioner resides in a village, while the complainant and her father are residing at a place having sufficient facilities. A matrimonial case for restitution of conjugal life was filed on behalf of the petitioner in the Family Court and after receiving notice, this complaint was filed, otherwise allegations levelled against the petitioner are false and imaginary, but in any case basing the same petitioner’s arrest cannot be justified. I agree with the same. In case of arrest or surrender within one month from today in Complaint Case No.768(C)/2007, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Biharsharif, Nalanda, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )