IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15199 of 2008 RAKESH KUMAR SINGH @ BABLU Son of Sri Dhirendra Prasad Singh Resident of Ramnagar, P.S.- Gaighat, District- Muzaffarpur Versus STATE OF BIHAR ----------- 7 26.11.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered for the offences under section 498A of the Indian Penal Code. It has been submitted on behalf of the petitioner that the present complaint has been filed for ulterior purposes since the complainant herself is not interested to live with this petitioner for the reasons as disclosed in the informatory petitions contained in Annexures- 2 & 3 questioning the character of the complainant. It is further submitted that all the family members has been made accused in the complaint for the same ulterior purposes alleging demand by the petitioner at the instance of other family members. A supplementary affidavit has been filed on behalf of the petitioner stating therein to the effect that despite efforts made by the petitioner, the complainant is not willing to stay with the petitioner although an application for restitution of conjugal rights has also been filed which is pending vide Matrimonial Case No. 140 of 2007 as stated in paragraph 10 of the petition. It is also - 2 - submitted that other co-accused persons have already been allowed bail. Learned counsel appearing for the complainant submits that notwithstanding the above the complainant is still ready to live with the petitioner, however the petitioner did not make any effort to bring her back and for that several efforts were made in the Court below also but that did not materialize. It is further submitted that in the case for restitution of conjugal rights the complainant has appeared and is contesting the same. Having considered the submissions, as noticed above, and in the facts and circumstances of the case as also the averments made in the petitioner and supplementary affidavit, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Complaint Case No. 2473 of 2006 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)