IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9171 of 2011 MD. FAHIM @ SHEKH FAHIM Versus THE STATE OF BIHAR ----------- 02/ 30.03.2011 Heard learned counsel for the petitioner as well as learned Addl. P.P. for the State. It would appear from perusal of the contents of the complaint petition that marriage of the petitioner was solemnized on 13.3.1999 but when the complainant could not succeed to produce any child within three years of the aforesaid marriage, she was subjected to torture and harassment by the petitioner and other family members and thereafter she was ousted from her matrimonial home and filed Complaint case no.820/2003. The submission of the learned counsel for the petitioner is that in the above stated complaint case, summon against the petitioner was issued some time in the year 2009 and thereafter, he approached the court for getting anticipatory bail but he failed to get favour and thereafter, he surrendered before the court below on 5.1.2011 and since then he is languishing in jail. Although he is still ready to keep the complainant with full honour and dignity but it is the complainant who does not want to lead her conjugal life. It is also informed on behalf of the petitioner that complainant is still residing at her natal place. Admittedly, married was solemnized in the year 1999 and the complainant left her in-law house in the year 2003 and now we are standing in the year 2011, Much water has already flown and there is - 2 - no possibility of revival of the married life of the parties. In the facts and circumstances, let the petitioner, Md Fahim @ Shekh Fahim, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Complaint Case no. 820 of 2003. shahid (Hemant Kumar Srivastava,J)