IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1017 of 2009 PRADEEP KUMAR PATHAK Versus The STATE OF BIHAR ----- 7/ 07.12.2009 Heard learned counsel for the petitioner and learned counsel for the State. Submission of the learned counsel for the petitioner is that though torture is alleged for non-fulfillment of demand of dowry but differences are otherwise matrimonial and informant herself deserted the petitioner, for which petitioner filed a matrimonial case for restoration of conjugal rights on 21.05.2007. Thereafter, only after receiving the notice to make a difference justifying her desertion, this case is lodged. So, in any case, petitioner’s arrest is not justified. I agree with the submission of the learned counsel for the petitioner. Accordingly, prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Mohiuddinagar P.S. Case No. 110 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., Samastipur subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)