IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5447 of 2010 ASHOK RAI, son of Rajdeo Rai, resident of village – Salha, P.S. – Jandaha, District – Vaishali. ----------------- Petitioner. Versus 1. THE STATE OF BIHAR 2. Pratima Devi, daughter of Rajendra Rai, resident of village – Mahua, P.S. – Mahua, District – Vaishali. -------------- Opposite Parties. ------- 04. 28.06.2010 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned A.P.P. for the State. Petitioner being husband who is the named accused in connection with Complaint Case No. 2572/2008 for offences under Sections 498A, 494, 379 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, carries allegation of demand of dowry, torture etc. and also having another wife, but, in the bail application and also during submission, it is specifically denied on behalf of the petitioner that he has no other wife than the complainant herself and he is ready and willing to live and continue matrimonial life with the complainant. However no substantial step appears to have been taken on his behalf seeks restitution of conjugal rights. Learned counsel for the petitioner submits that petitioner shall immediately file an application before the Family Court, Vaishali, under Section 9 of the Hindu Marriage Act. Simultaneously, filing of copy of the application filed before the Family Court under Section 9 of the Hindu Marriage - 2 - Act and additional condition to undertake to attend both the courts on the date fixed and cooperates in early disposal of the cases. With this observation and direction, in the event of his arrest/surrender within five weeks from receipt of the copy of this order, petitioner, namely, Ashok Rai, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Vaishali at Hajipur, in connection with Complaint Case No. 2572/2008. Subject to condition laid down under Section 438(2) of the Criminal Procedure Code. Rajeev/ (Akhilesh Chandra, J.)