IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11139 of 2009 VISHAL KUMAR @ RAJAT Versus STATE OF BIHAR ----------- 3 28.4.2009 Heard learned counsel for the petitioner, the complainant and the State. The submission of learned counsel for the petitioner is that the informant is mentally sick, for the same matrimonial case for dissolution of marriage is filed on behalf of the petitioner, to reply the same this complaint is lodged after near about nine months though this much of the contention is vehemently opposed on the ground that the complainant was subjected to torture rather brutally assaulted, ousted from the matrimonial house when the complainant was waiting for improving the relation. A panchaiti was also held on 25.12.2007. However, both the wife and husband are residing separate, grievances are contradictory which are to be decided in criminal case and matrimonial case but at present for the same, in my view, arrest of the petitioner is not justified. - 2 - Having regard to the facts and circumstances, in the event of arrest or surrender within one month from today in Majorganj P.S.Case No.151 of 2008, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI