IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15180 of 2010 ISHWARI CHOUDHARY, son of Ramayan Choudhary, Resident of village – Bhitaha, Police Station – Bairia, District – West Champaran. ---------------- Petitioner. Versus 1. THE STATE OF BIHAR 2. Manmati Devi, daughter of lalbabu Kewat, resident of village – Bherachor Saraiya, P.S. – Laukariya, District – West Champaran. ----------------- Opposite Parties. ------- 02. 21.05.2010 Heard learned counsel for the petitioner and State. Petitioner is named accused in Complaint Case No. C-337/2008 for the offence under Sections 498A of the Indian Penal Code, being husband of the complainant carries allegation of demand of dowry, torture etc. besides some other allegations relating to his alleged loose character. However, the petitioner appears to have filed Matrimonial Suit No. 62 of 2008 under Section 9 of the Hindu Marriage Act, seeking restitution of conjugal rights against the complainant. It was filed before filing of the complaint petition. Taking into consideration on all such aspects, in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Ishwari Choudhary, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, West Champaran, in connection with Complaint - 2 - Case No. C-337 of 2008. Subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below as well as before the Principal Judge, Family Court, Bettiah, West Champaran, till disposal of the cases preferably by amicable settlement. Rajeev/ (Akhilesh Chandra, J.)