IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13537 of 2009 1. SK.JAMIL AKHTAR, son of Sk.Usman Ali. 2. Usman @ Sk.Usman,son of late Sk.Sakal Mohammad. 3. Bibi Fatima @ Bibi Fatma,wife of Sk.Usman. All resident of village-Seez tola Amirabad,P.S.-Manihari,District-Katihar. Versus THE STATE OF BIHAR ----------- 02/ 24-04-2009 Heard learned counsel for the petitioners and the State. I am convinced with the submission of the learned counsel for the petitioner that petitioners no.2 and 3 are father-in-law and mother-in-law and they may not have any concern for the differences of the complainant with her husband, but I do not agree with his submission that petitioner no.1 is suffering from Cancer and he has filed a case for restitution of conjugal right, so he is entitled for bail. Allegations are there regarding demand and torture for its non- fulfilment and a case for restitution of conjugal right is also shown to have filed but just after filing of the complaint petition, which was never probable in the circumstance that petitioner no.1 was suffering from Cancer. It appears that filing of the restitution is just after the complaint. In the facts and circumstances discussed above, prayer for anticipatory bail made on behalf of petitioner no.1(Sk.Jamil Akhtar) is rejected while that is allowed for petitioners no.2 and 3. In case of arrest or surrender within one month from today in Complaint Case being C.A.No.1098 of 2008, the above named petitioners no.2 and 3 (Usman @ Sk.Usman and Bibi Fatima @ Bibi 2 Fatma) shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Katihar, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )