IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21650 of 2010 SHIV SHYAM PRASAD KASERA Versus STATE OF BIHAR ----------- 2 29.06.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Bihiya P.S. No. 234 of 2009 (District-Bhojpur) (G.R. No. 4302/09, T.R. No. 2617 of 2010) for offences punishable under Sections 498(A) of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioner with reference to an application filed by this petitioner under section 9 of the Hindu Marriage Act for restitution of the conjugal rights giving rise to Maintenance Case No. 70 of 2008 (Annexure-2) submits that it is one year thereafter that the informant i.e. his wife, has chosen to institute this present case on 25.12.2009. Learned counsel with reference to the impugned order submits that even at that stage the petitioner had offered to keep the informant with due care and dignity but she refused to go to her matrimonial home. 2 Considering the circumstances and the submissions of learned counsel for the petitioner, let the petitioner namely, Shiv Shyam Prasad Kasera be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bhojpur at Arrah in connection with Bihiya P.S. case No. 234 of 2009 (District Bhojpur) (G.R. No. 4302/09, T.R.No.2617 of 2010). Bibhash ( Jyoti Saran, J.)