IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14244 of 2009 NARESH TIWARY Versus STATE OF BIHAR ----------- 03. 20.08.2009 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the complainant. The case is under Section 498A of the Indian Penal Code and ¾ of the D.P. Act. Petitioner is the husband. He has been made accused by the Opposite Party No. 2 on the basis of a complaint vide Annexure-2. It appears that petitioner has filed a suit before the Principal Judge, Family Court, Katihar for restitution of conjugal rights. Learned counsel for the complainant states that now the complainant is not ready to live with the petitioner as the petitioner has entered into a second marriage. Learned counsel for the petitioner submits that in such a situation, he is ready to divorce the Opposite Party No. 2 and after coming out from Jail, the petitioner will agree to file a joint petition for divorce in the competent Court of law. Petitioner is in jail custody since 19.03.2009. Considering the above facts and circumstances, the application is allowed. Petitioner(Naresh Tiwary) is directed to be released on bail on furnishing bail bonds of 2 Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Complaint Case No. 1117 of 2008. Shageer (J. N. Singh, J)