IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43850 of 2008 SAGIR AHMAD KHAN Versus 1. The STATE OF BIHAR 2. Raushan Ara Khatoon @ Roshan Khatun ------ 05/ 13.05.2009 Heard learned counsel for the petitioner and learned counsel for the Opposite Parties. Several valuable articles including ornaments, motorcycle and freeze are given at the time of the marriage. Further for similar demands, there is allegation of cruelty. Petitioner is husband. Submission of the learned counsel is that informant’s family resided at Guwahati, while petitioner comes from country side that also a backward area of Motihari District. Informant herself is adamant not to reside with her husband. Several attempts were made on his behalf even after going to Guwahati to bring her back which was also refused by all the family members including the informant. Lastly, petitioner filed a suit for restitution of conjugal rights namely Matrimonial Case no. 106/2007 which was filed on 23.07.2007 (a certified photocopy annexed herewith). According to the learned counsel after receiving notice to justify her remaining away from the husband and making otherwise pressure to force the husband to accept her demand, the wife filed the F.I.R. just after a year of the petitioner’s case. Further submission is that till today, wife is not ready to accompany the husband. So, accepting her allegation, petitioner’s arrest cannot be justified which is vehemently opposed on behalf of the learned counsel for the 2 informant, Mr. Dhirendra Kumar on the say that husband is drunkard causing of cruelty upon his wife that is only for which the wife is not following her husband, but he could not reply the earlier restitution case filed by the husband. Considering the discussed suggested facts and circumstances, the prayer of the petitioner is allowed. In the event of arrest or surrender within one month from today in connection with Ghorasahan P.S. Case No. 57 of 2008, above named petitioner shall 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 C.J.M., Motihari, East Champaran subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)