IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.160 of 2009 MD.KALIM Versus STATE OF BIHAR ----------- 3 2.4.2009 Heard learned counsel for the petitioner and the State. The submission of learned counsel for the petitioner is that though the petitioner is husband, there is allegation of demand and torture also but the demand started much after the marriage and all the allegations are based on complaint, much earlier a suit for restitution for conjugal right was filed in the court of Chandauli (U.P.) that was decreed also though exparte. Thereafter a petition under section 125 Cr.P.C. was filed on behalf of the complainant even her status is better than the petitioner. However, differences are there in between the wife and husband for matrimonial cause and the wife is not ready to reside with this petitioner and leveling false allegation this case has been lodged basing which petitioner’s arrest cannot be justified. I agree with the submission. In the facts of the case, in the event of arrest or surrender within one month from today in Complaint Case No.758 of 2007 (Tr.no. 2938/2007), the above - 2 - 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, Sasaram, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI