IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28247 of 2011 Lal Babu Yadav son of Khushi Lal Yadav, Resident of village-Chak Chintamanipur, P.S.-Manigachi, Dist.- Darbhanga. Versus 1.The State Of Bihar 2.Chemiya Devi wife of Lal Babu Yadav and Daughter of Dipnarayan Yadav, presently Resident of village-Simri, P.S.-Bisfi, District-Madhubani. ----------- 2. 24.8.2011. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in a case registered for the offence punishable under sections 323, 379 and 498A of the Indian Penal Code. It is submitted on behalf of the petitioner that the case was initially filed as a complaint and the same was referred to police and ultimately it was registered as a police case under sections 323, 379 and 498A of the Indian Penal Code. It is also submitted on behalf of the petitioner that the marriage had taken place in 2004 and the complainant led her matrimonial life happily till May 2005 but thereafter she herself abandoned her matrimonial home. He submits that inspite of best efforts the informant is not ready to come back to her matrimonial home. The petitioner is still ready to keep his wife with dignity and honour. Learned counsel for the informant on the other hand submits that the informant was subjected to cruelty for non- fulfillment of demand of dowry and untimately she had been driven out of her matrimonial home. 2 In view of rival stand of the parties, it appears that the case arises out of matrimonial discord and incompatibility in temperament. Taking into consideration the aforesaid facts and nature of allegation, let the petitioner, namely, Lal Babu Yadav in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Madhubani in connection with Bisfi P.S. Case No. 129 of 2010 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)