1 IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.86 of 2009 DABLU MODI SON OF WAKIL MODI, RESIDENT OF VILLAGE MAHULIYA, P.S. CHANAN, DIST.LAKHISARAI ------------------- PETITIONER Versus 1. STATE OF BIHAR 2. RANI DEVI, DAUGHTER OF BAJRANGI MODI, RESIDENT OF VILLAGE SHISHMA,P.S. RAMGARH CHOWK,DIST.LAKHISARAI ---------------- OPPOSITE PARTIES ======= 2. 4.2.2009 Heard learned counsel for the petitioner, the State and the complainant. The petitioner is the husband and is facing wrath of his wife on account of being accused of torturing her for not bringing a colour T.V. and Rs. 15,000/-. The petitioner has submitted that the lady is in the habit of filing complaint petition and she was herself not ready to live with the petitioner. Learned counsel appearing for the complainant has submitted that the petitioner is a man of criminal antecedent and was remanded in the present case from another case and as such appears incorrigible as regards his disposition. This could be gathered from the stances of the parties that it is purely a case of maladjustment of the wife in the circumstances in which the petitioner could be living or on 2 account of his disposition, his wife could be fleeing from living with him. The incompatible situation could be sorted out by both by sitting together. One way out for the lady is to get out of the wedlock and allow the petitioner to have the peace of his mind at any rate. Considering incompatible situation prevailing in the married status of the two persons, let the above named petitioner be released from custody on furnishing bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub-divisional Judicial Magistrate, Lakhisarai in connection with Complaint case no. 15C/2008. The learned court below could issue notice to the complainant wife and call herself to its chamber when this petitioner should also remain present there and could point out the incompatible situation to them and encourage them to sort out the differences either by reuniting or in taking a final decision in the matter. (Dharnidhar Jha,J.) AI