IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24160 of 2011 Nand Kishore Ram S/o Thagan Ram, R/o Village-Khaja Chand Chapra, P.S.-Goroul Chatohra O.P., District-Vaishali. ……..Petitioner Versus 1. The State Of Bihar. 2. Sanju Devi D/o Ram Vilas Ram, R/o Village-Bhairo Khara, P.S.- Patepur, District-Vaishali at Hajipur. ……..Opposite Parties ----------- 02 22.07.2011 Heard learned counsel for the petitioner and learned counsel for the State. It is submitted on behalf of the petitioner that the present case was initially instituted as a complaint under sections 323, 379 and 498-A/34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act, which was subsequently referred to the police for institution of First Information Report and accordingly, a police case was registered. According to the petitioner, admittedly the marriage had taken place eight years back. Learned counsel for the petitioner submits that prior to the institution of the preset case, he had filed an application under section 9 of the Hindu Marriage Act for restitution of conjugal rights before the Principal Judge, Vaishali at Hajipur. He has further submitted that it would appear from the order passed by the learned Sessions Judge while rejecting the bail of the petitioner that the petitioner had expressed his willingness to keep his wife with dignity and honour but the complainant herself declined to go with the petitioner. It is also submitted that the petitioner has never subjected the complainant to cruelty and the complainant out of her own sweet will 2 has abandoned her matrimonial house. Taking into consideration the aforesaid facts, let the petitioner, namely, Nand Kishore Ram, in the event of his arrest or surrender before learned court below within a period of four weeks from the date of communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Goraul (Kathara O.P.) P.S. Case No. 62 of 2011. Safik (Ashwani Kumar Singh, J.)