IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27586 of 2009 PRAKASH THAKUR son of Shri Satyanarayan Thakur, resident of vill.-Bathaul, P.S.-Nanpur, District-Sitamarhi, at present of Mohalla- Gannipur, Hanuman Nagar(Near Central School, P.S.- Kazimohammadpur, District-Muzaffarpur ----------Petitioner. Versus 1. STATE OF BIHAR 2. Kiran Thakur, wife of Sri Prakash Thakur ------------ 5. 19.2.2010 Heard learned counsel for the petitioner and the State. Submission of the learned counsel for the petitioner is that all the allegations are false and husband of the complainant is only behind the filing of the case. Complainant herself does not want to live with this petitioner for which a Matrimonial Case for restitution of conjugal life is also filed and an attempt of this Court also could not give any positive result and she never appeared or appointed a lawyer in the case. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of 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 S.D.J.M., East Muzaffarpur, in Complaint Case no.2869 of 2004/Tr. No.1768 of 2007 , subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J. )