IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35219 of 2010 1. BACHA PRASAD 2. KAILASHPATI DEVI 3. RAMESH CHANDRA PRASAD ---------------------- PETITIONERS Versus STATE OF BIHAR ----------- 2 16.11.2010 Learned counsel for the petitioners seeks permission to withdraw this application, as during the pendency of this application, petitioner no.1 has been arrested by the police. Accordingly, this application is permitted to be withdrawn as having become infructuous as against petitioner no.1. For petitioner nos. 2 and 3, heard learned counsel for the parties. Torture for demand of dowry is the allegation, is denied on the ground that the complainant left matrimonial house willingly rather deserted the husband. Husband was bound to file Matrimonial Suit for restitution of conjugal right and only after receiving its notice, this complaint petition is lodged only to make pressure to justify her desertion. Thus, having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the 2 date of communication of this order, the above named petitioner nos. 2 and 3 shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sub- Divisional Judicial Magistrate, Gopalganj in Complaint Case No. 998/2007, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)