IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7944 of 2008 MD.HASIB KHAN @ MD.HASIM KHAN @ MD.SOMAR KHAN & ANR Versus STATE OF BIHAR ----------- 2. 9.5.2008 Heard learned counsel for the petitioners, learned counsel for the complainant and learned Additional Public Prosecutor, for the State. The petitioners pray for anticipatory bail in a complaint case under Sections 498A and 323 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case on the basis of general and omnibus allegations. It is further submitted that the husband of the complainant has already filed a matrimonial case for divorce on 6.4.2007 in which he has made statement that he had already divorced his wife by written communication of triple talak on 15.3.2007 and accordingly he claimed the decree of divorce in the said matrimonial case. It is submitted that the present complaint case has been filed on learning about the filing of the divorce case six months later on 6.10.2007. It is urged by learned counsel for the petitioners that the petitioners are father-in-law and mother-in-law of the complainant and they have been wrongly roped in in this criminal case for the marriage that had taken place some time back in the year 2002 itself. Learned counsel for the complainant, on the other hand, 2 submits that these petitioners are the main actors behind the whole game of torture and the husband of the complainant has written to his father-in-law that it is his parents who are pressurizing him in this regard otherwise he does not want to divorce nor has divorced his wife. It is further submitted that the husband of the complainant has been kept in confinement by these petitioners and thus they should not be granted bail. On a consideration of the facts and circumstances of the case, it is directed that the petitioners (1) Md. Hasib Khan @ Md. Hasim Khan @ Md. Somar Khan and (2) Najama Khatoon, in the event of their arrest/surrender in the court below within four weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Complaint Case No. 806/2007 to the satisfaction of the Chief Judicial Magistrate, Jehanabad, subject to the other applicable conditions laid down under Section 438(2) Cr.P.C. S.Pandey. (Ramesh Kumar Datta, J.)