IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22575 of 2009 DURGESH PANDEY s/o Sachitanand Pandey, resident of village Savaliya, P.S. Warsaliganj,District- Nawada. Versus STATE OF BIHAR ----------- 2 20.8.09 Petitioner apprehends his arrest in complaint Case no. 573/08 instituted by his wife for an offence u/s 498A IPC read with Section 4 of D.P.Act. It is not in dispute that the marriage took place more than five years back. Complaint being lodged now, cognizance for the offence has been taken on 23.4.09 and the trial Court has issued summons to the petitioner for procuring his attendance . Petitioner states that he is ready and willing to keep his wife but she is running away and threatening him with false case. Petitioner has also filed a Matrimonial Case for restitution of conjugal life. Without going into the merit of the case, in my view, only summon has been issued for petitioner’s appearance and no bailable or non bailable warrant has been issued against the petitioner, petitioner should have no apprehension of being detained by the Court on his appearance. In case petitioner appears before the trial Court and assures the Court that he would co-operate in the proceedings, the Court would release him on bail of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the trial Court (C.J.M.,Nawada). With the above observation and direction this application stands disposed of. SINGH (Navaniti Prasad Singh, J.)