IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16403 of 2010 MITHILESH KUMAR . Versus STATE OF BIHAR . ----------- 2 21.5.2010 Petitioner is the husband and apprehends his arrest in Complaint Case no. 260 of 2008 instituted under Section 323 read with Section 498A IPC pending before S.D.J.M., Samastipur. On behalf of petitioner, it is submitted that he had earlier filed an application for restitution of conjugal right under section 9 of Hindu Marriage Act in which the complainant- wife had appeared but did not contest the matter. A decree for restitution has also passed . The wife has been living separately. After several years the present case has been instituted only to retaliate. In the facts and circumstances of the case, in the event of his arrest/surrender above named petitioner 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 S.D.J.M.,Samastipur in Complaint Case no. 260 of 2008 (T.R.No.1448 of 2010), subject to the conditions as laid down u/s 438(2) Cr.P.C. singh (Navaniti Prasad Singh,J)