IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3296 of 2008 MUKESH MAHTO son of Sakaldeo Mahto, resident of village- Chhotka Teghra, P.S.- Mahrajganj, District- Siwan Versus THE STATE OF BIHAR ----------- 7 07.11.2008 Heard learned counsels for the petitioner and the State. Despite service of notice on one has appeared on behalf of the opposite party no.2. Petitioner is an accused for the offence under section 498A of the Indian Penal Code. It has been submitted on behalf of the petitioner that a false case has been filed by the father of the victim lady, and as a matter of fact, the wife of the petitioner wanted that he should live at her parent’s place to which the petitioner was not agreeable, and as such, she herself left the matrimonial house. It is further submitted that the petitioner has filed a petition for restitution of conjugal rights as well, as contained in Annexure-2 to the petition. It is further contended that the allegations are general in nature and there is no specific allegation against this petitioner. Learned Addl. P.P. appearing for the State opposes the prayer for bail, however he is not in position to refute the above submissions. Having considered the submissions, as noticed - 2 - above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, namely, Mukesh Mahto 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 Sub Divisional Judicial Magistrate, Siwan, in connection with Complaint Case No. 303 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)