IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39223 of 2008 PANKAJ KUMAR S/o- Sitaram Bind R/o- Village Mirzapur Changeri, P.S. Barahat, District - Banka Versus STATE OF BIHAR & ANR ----------- 2. 04.12.2008 Heard the parties. Petitioner is an accused in a case for the offence registered under Sections 498(A), 379/34 of the Indian Penal Code. It is submitted that the present complaint has been lodged against this petitioner for ulterior purpose. As a matter of fact, the complainant herself is not interested to live with the petitioner. As such, she left the matrimonial home and alleging that the petitioner committed torture and demand of dowry in the month of May 2006 and after more than 1 and ½ years the present complaint has been filed against this petitioner. It is further submitted that petitioner is ready to keep the complainant. However, the complainant is not ready to live with the petitioner. It is further submitted that while the proceeding of anticipatory bail application was pending in the court below, she was not appeared after noticed. It is further submitted that petitioner filed a suit for restitution of conjugal rights vide M.S. No. 14 of 2008 in the Civil Court, Bhagalpur. Considering the facts and circumstances of the case - 2 - and the submissions as made above, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger in connection with Kharagpur P.S. Case No. 299 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish (Shailesh Kumar Sinha,J)