IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6732 of 2009 SANTOSH KUMAR S/o Ramjivan Sah Versus 1. The STATE OF BIHAR 2. Pratibha Kumari @ Pinki W/o Santosh Kumar ------ 2/ 06.04.2009 Heard learned counsel for the petitioner and learned counsel for the Opposite Parties. Submission of the learned counsel for the petitioner is that certainly, there were differences in between the wife and husband but the act of the complainant was leading to a circumstance to conclude that she was not ready to accept the matrimonial relation. So, a divorce case was filed by the husband. Thereafter only, this case was lodged with imaginary allegations. That is a matter to be decided on the merit whether it is sufficient for conviction. Basing the same, petitioner’s arrest cannot be justified. I agree with the submission of the learned counsel for the petitioner. Accordingly, the prayer of the petitioner is allowed. In the event of arrest or surrender within one month from today in connection with Complaint Case No. 1013 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 Sri Hassan Newaz, Sub-divisional Judicial Magistrate, (East) Muzaffarpur subject to the conditions as laid down under Section 438(2) of Cr. P.C. Shail (Mandhata Singh,J.)