IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 12015 of 2009 Balister Singh, son of late Achhelal Singh, resident of village - Gopalpur, P S - Pachrukhi, District - Siwan - Petitioner Versus 1 State of Bihar 2 Minti Devi, D/o late Bacha Singh, r/o village - Najampur, P S - Pachrukhi, Dist - Siwan -Opposite Parties ----------- 3 31.08.2009 The petitioner apprehends arrest in Complaint Case No 908 of 2008 instituted under Sections 498A, 406, 323 of Indian Penal Code and pending before the Subdivisional Judicial Magistrate, Siwan. Complainant, who happens to be wife of the petitioner, was noticed by the Court and inspite of valid personal service of notice, she has chosen not to appear. Petitioner submits that he had first filed an application in terms of Section 9 of the Hindu Marriage Act which was registered as Case No 42 of 2008 and admitted by the Principal Judge, Family Court, Siwan on 18.04.2008. Thereafter, the present complaint has been filed only by way of retaliation. In the facts and circumstances of the case, if the petitioner abovenamed surrenders before the Court below within 4 weeks from today, he shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Subdivisional Judicial Magistrate, Siwan in Complaint Case No 908 of 2008 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)