IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33264 of 2010 RAMESH PRASAD SRIVASTAVA @ RAMESH KUMAR SRIVASTAVA, SON OF SRI PRAMOD PRASAD SRIVASTAVA, RESIDENT OF VILLAGE PUNADEAH, P.S. DIDAR GANJ, DISTRICT PATNA. ---------------------------------------------------------------------------------------------------- PETITIONER Versus THE STATE OF BIHAR. --------------------------------------------------------------------------------------------- OPPOSITE PARTY ******** 4 14.3.2011 Heard the parties. Despite Court’s best efforts both the parties find it impossible to live with each other. Infact this Court had also asked the petitioner to pay a sum of Rs. 1500/- per month as maintenance. The petitioner complied for one month and thereafter did not comply and refused to make payment. The reason as disclosed by the petitioner in person in front of his wife was that despite his best efforts, his wife does not even allow him to meet the children and has poisoned the children’s mind against him. The allegation of course was vehemently denied by the complainant. A case for restitution of conjugal right is also pending in the Court below. The conciliation proceedings are taking place in the restitution matter. Considering all aspects of this case 2 including the under currents between the husband and wife, I do not think that this is a case in which the petitioner should be forced to face incarceration. In the result, the provisional anticipatory bail granted on 12.10.2010 in connection with Complaint Case No. 413 of 2009 is hereby confirmed. Sanjay ( Sheema Ali Khan, J.)