IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18040 of 2009 JAY JAY RAM BHAGAT , son of Krishan Deo Bhagat, resident of vill.- Koparia, P.S.-Salkhua, Distt.-Saharsa--------Petitioner. Versus 1. STATE OF BIHAR 2. Sadhana Devi, wife of Jai Jairam Bhagat, D/o Raj Kumar Bhagat, resident of vill.-Chikuni, P.S.-Saur Bazar, District-Saharsa--------Opp. Parties. ----------- 5. 4.12.2009 Heard learned counsel for the petitioner and the State. There is allegation about causing of cruelty for non-fulfillment of dowry followed by petitioner being a drunkard having illicit relation with a lady for which it is said that such allegation is leveled only to justify complainant her own act to not reside with the petitioner. Otherwise, the allegation of illicit relation with a lady has been made who is his own sister-in-law(Bhabi). His oral submission may really be an attempt but was made and it was found due to complainant’s attempt to reconcile differences could not be resolved. Parties will be at liberty to initiate a proceeding for divorce preferably mutual divorce. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, in connection with Complaint Case no.20 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh,J )