IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11115 of 2010 GANESH SHARMA,s/o Sri Ram Bilas Sharma, resident of Mohalla-Machhali Hatta, Laxmi Chowk, M.I.T. C/o Kameshwar Prasad Singh, P.S.-Brahampura,District-Muzaffarpur. .. .. Petitioner Versus 1. THE STATE OF BIHAR 2. Smt. Pratibha,D/o Sri Baidyanath Thakur,resident of Quarter No.B/17, I.D.P.L.Colony,Post Office-M.I.T., P.S.-Brahampura, Distt.-Muzaffarpur. .. .. Opp.Parties. ----------- 02/ 26-04-2010 Heard the parties. Petitioner apprehends his arrest in connection with Bela P.S.Case No.10 of 2009 dated 06-08-2009, registered for the offences under Sections 341, 323, 324, 379, 448, 498A/34 of the Indian Penal Code as also under Sections 3 and 4 of the Dowry Prohibition Act. It is submitted by the learned counsel for the petitioner that he is the husband of the complainant and he was/is always prepared to keep the complainant/informant as his legally wedded wife with all dignity, comfort and honour and he also filed Matrimonial Case No.161 of 2009 (Annexure-2) on 09-06-2009 under Section 9 of the Hindu Marriage Act seeking restitution of his conjugal right with the complainant/informant. However, the complainant/informant having learnt about filing of the aforesaid case, filed a Matrimonial (divorce) Case No.179 of 2009 (Annexure- 3) on 22-06-2009 seeking divorce, permanent alimony and cost of litigation from the petitioner. On 22-06-2009 itself she filed 2 Complaint Case No.1681 of 2009, which gave rise to the present case vide Annexure-1 in terms of Section 156(3) Cr.P.C. Therefore, it is submitted that there is no possibility of the restoration of matrimonial relationship between the petitioner and complainant/informant and for that the complainant/informant is herself responsible. Be that as it may, in view of the fact that the petitioner filed Matrimonial case (Annxure-2) earlier to the present case (Annexure-1), in the event of arrest/surrender within a period of four weeks from today in the above noted case, 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, Muzaffarpur, subject to the conditions as laid down under sub- section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)