IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34784 of 2008 JAI PRAKASH SAH GUPTA Versus STATE OF BIHAR ----------- 5 10.4.2009 Heard learned counsel for the petitioner and the State. The submission of learned counsel for the petitioner is that though the petitioner has been alleged for demand and torture due to non-fulfilment but reality is that the complainant was not ready to consume matrimonial relation. A panchaiti was held in which both the couples divorced. If that cannot be accepted then also that can be taken the consented separation of the parties to which effect an affidavit was sworn before the Notary Public, Gopalganj which is disputed on behalf of learned counsel for the complainant on the point of obtaining of thumb impression forcibly but that is there. Admittedly both the wife and husband are residing separately, so I find it not a fit case in which petitioner’s arrest can be justified. Prayer for anticipatory bail is allowed. In the facts and circumstances of the case, in the event of arrest or surrender within one month from today in Complaint Case No.406 of 2007, Tr.no. 2176 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 Sub-divisional Judicial Magistrate, Gopalganj, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI