IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38139 of 2009 SANJAY BIND Versus THE STATE OF BIHAR ------ 4/ 30.03.2010 Heard learned counsel for the petitioner and learned counsel for the State. Submission of the learned counsel for the petitioner is that the complainant herself has deserted this petitioner for which matrimonial case for restitution of conjugal rights has also been filed. That is justified by non-response to the notice issued to the complainant. So, his 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 the date of receipt/production of a copy of this order in connection with Complaint Case No. 1043 of 2008 and Tr. No. 1610 of 2009, 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 S.D.J.M., Kaimur at Bhabhua subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)