IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22400 of 2010 GAUTAM KRISHNA MISHRA S/o Srishyamal Kumar Mishra resident of village Muraith P.S.Jale Dist. Darbhanga Petitioner Versus STATE OF BIHAR Opp. Party ----------- 02/ 21.07.2010 Heard learned counsel for the petitioner and the State. The petitioner being husband is apprehending his arrest in a complaint case in which cognizance has been taken under section 498A of the Indian Penal Code. It is submitted by learned counsel for the petitioner that though marriage took place on 29.04.2007 but the complainant herself deserted the petitioner and ultimately the petitioner filed matrimonial case on 12.11.2008 for restitution of conjugal rights in which in spite of notice the complainant chose not to appear and thereafter substituted service was ordered and then the present complaint was filed suppressing all the facts as retaliatory measure. In the background of this, let the petitioner in the event of arrest/ surrender within twelve weeks from today be released on bail in connection with Complaint Case no. 1254C of 2008 on furnishing bail bond of Rs 10,000-/ with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Danapur subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Let the Sub divisional Judicial Magistrate, Danapur issue notice to the complainant fixing a specific date on which date the petitioner will appear and will take the complainant to her matrimonial house, till then the bail bond of the petitioner will be accepted - 2 - provisionally. If the complainant fails to appear or refuses to resume conjugal life then the bail bond of the petitioner will also be accepted. shahid (Dinesh Kumar Singh,J))