IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42437 of 2008 1.MD.ILIYAS SON OF LATE MD.HULO 2.MD.RIYAZ SON OF LATE MD.HULO 3.MD.NASIM SON OF GULABI MIYAN 4.MD.JABBAR SON OF LATE MD.GANAURI ALL RESIDENT OF VILLAGE KARARHU,P.S.BIHPUR,DISTRICT BHAGALPUR Versus STATE OF BIHAR ----------- 3/ 20.1.2009 It has been submitted that since petitioner nos.1 (Md.Ilyas) and 2 (Md.Reyaz) have been arrested, their application has become infructuous. Accordingly, this application is dismissed as withdrawn so far it relates to petitioner nos. 1 and 2. Heard learned counsel for the parties. The petitioners apprehend their arrest in a complaint case which has been lodged for offences under Sections 304B, 498A and some other Sections of the Indian Penal Code. According to complaint petition, occurrence took place on 8.12.2007 and the complaint case has been filed on 2.1.2008 in which it has been alleged that the complainant’s daughter Tuno Khatoon who was married with the Md.Nayeem was being subjected to torture by all in-laws and they were being abetted by the petitioners. Submission is that the petitioners have no concern with the family members of the deceased as they are only co-villagers. Considering the facts and circumstances of the case, this application is allowed so far it relates to petitioners no.3 and 4 and they (Md.Nasim and Md.jabbar) are directed to surrender before the 2 court below within twenty days from the date of receipt/production of a copy of this order and on their so surrendering, they shall be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Subdivisional Judicial Magistrate, Naugachhia (Bhagalpur) in Complaint Case No. 03 of 2008, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure. Tahir/- ( Shyam Kishore Sharma, J.)