IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36233 of 2008 VIJAY MAHTO S/O SRI VILAS MAHTO R/O VILL. SHEIKHPURWA, P.S. PAKADIDAYAL, DIST-EAST CHAMPARAN. Versus STATE OF BIHAR ----------- 02 20.11.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered for the offences under Section 498A of the Indian Penal Code. It is submitted that present complaint case is filed for ulterior purposes since the complainant herself is not desirous of living in her matrimonial house as she wants separation from her in- laws. It is further submitted that while the matter was under consideration in the court below on being noticed she did not appear before the court. The allegations are against all the accused persons, however, the cognizance has been taken only against the petitioner and summons have been issued. It is further submitted that petitioner has filed an application for restitution of conjugal rights which is pending. Considering the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner named above be released on bail on furnishing bail bonds of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Sikrahana, at Motihari in connection with Trial No. 3671/2008 arising out of Complaint Case no. 309/2007 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Sym (Shailesh Kumar Sinha, J.)