IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44052 of 2009 AFROJ AHMAD KHAN Versus STATE OF BIHAR ----------- 06. 25.11.2010 Heard the learned counsel for the petitioner and the State. Torture or cruelty is for incapability of the informant to give birth of child. Marriage is solemnized in 14.10.2001. Submission of the learned counsel for the petitioner is that no doubt petitioner was willing for a child and she was incapable for that purpose only. Petitioner was only intending a marriage allowed by his religion and accepted to the complainant also. Complainant refused to reside with this petitioner, not accepting reasonable maintenance given to her rather bargaining otherwise. Differences for matrimonial cause may never justify jail to the petitioner as same will not serve the purpose at the moment. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of receipt/production of a copy of this order, 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 the A.C.J.M., Patnacity, Patna in connection with Khanjekalan P. S. Case No. 52/2009, subject to the conditions as laid down under 438(2) of the Code of Criminal Procedure. Vikash (Mandhata Singh, J.)