IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11253 of 2009 1. SHAIL DEVI, wife of Paras Patel 2. Rita Devi, wife of Suchun Patel 3. Sumitra Devi, wife of Dilip Patel 4. Bachi Devi, wife of Kanhaiya Patel 5. Bachi Devi, wife of Raj Kumar Patel 6. Hewani Devi, wife of Munna Patel All residents of village-Ushari, P.S.-Baikunthpur, District-Gopalganj-------- ----------------------------------------------------------------------Petitioners. Versus STATE OF BIHAR WITH Cr. Misc. no.13088 of 2009 1. Paras Patel, son of late Baidya Nath Patel 2. Munna Patel, son of late Baidya Nath Patel 3. Dilip Patel, son of late Baidya Nath Patel 4. Arjun Patel, son of late Jagarnath Patel 5. Babalu Patel, son of Paras Patel 6. Sonu Patel, son of Paras Patel 7. Kanhaiya Patel @ Kanhaiya Prasad , son of late Jagarnath Patel All residents of village-Ushari, P.S.-Baikunthpur, District-Gopalganj--------- ---------------------------------------------------------------------------Petitioners. Versus STATE OF BIHAR ------------------- . 16.4.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that police officers including the informant entered the petitioners house for some illegal purpose that could be resisted by the family members allegedly that was done by the female members. So, if the informant entered the house to perform his legal duty then also that is not followed by any violence and no case under section 387 of the Indian Penal Code is made out. So, petitioners arrest cannot be justified. I agree with the submission of the learned counsel. Accordingly, in the event of arrest or surrender within one month from today in Baikunthpur P.S. case no.84 of 2008, the above named petitioners of both the petitions shall be released on bail on - 2 - furnishing bail bond of Rs.10,000/-( Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )