IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19076 of 2009 JANARDAN PRASAD Versus STATE OF BIHAR & ANR ----------- 3 7.11.2009 Heard learned counsel for the petitioner and the State. In the case there is every allegation for demand of dowry and torture for its non-fulfilment but it is submitted on behalf of learned counsel for the petitioner that differences between the husband and wife were otherwise and while reconciliation was there in between the parties, a proposal comes from the complainant’s side if divorce was possible which husband also agreed. So both the parties agreed for consented divorce. The case is pending in the court of Principal Judge, Family Court for restitution of conjugal rights in which relief can be sought for consented divorce but in the discussed circumstance, petitioner’s arrest cannot be justified. Accordingly, the above named petitioner shall be released on bail, in the event of arrest or surrender within one 2 month from the date of communication of this order, on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sub-divisional Judicial Magistrate, Patna in Complaint Case No. 1604 © of 2008, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) A.I.