IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9144 of 2009 SACHCHIDANAND SINGH,son of Ram Naresh Singh, resident of village- Bahuara,P.S.-Rajapakar(Baranti O.P.),District-Vaishali. Versus STATE OF BIHAR ----------- 02/ 15-04-2009 Heard learned counsel for the petitioner and the State. Submission of the learned counsel for the petitioner is that though petitioner is the husband of the informant but the allegation levelled on her behalf never constitutes an offence under Section 498A of the Penal Code as there was demand followed by no torture. She was taken by her brother to her parents’ house. Thereafter, petitioner was sent to jail in another case and negotiation continued. He was jobless as the case in which allegedly he was sent to jail was his attempt for being selected as Shiksha Mitra, even then there is allegation that some one was ready to marry with his daughter. However, that failed and last allegation is made for leaving the house for marrying another girl. Basing which petitioner’s arrest at the moment cannot be justified. I agree with the submission. In case of arrest or surrender within one month from today in Raja Pakar(Baranti O.P.) P.S.Case No.100/2008, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )