IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28030 of 2009 1. SEKH EKRAMUL, son of Sk. Bhola, resident of village-Parsotipur, P.S.- Ghoradano 2. Sekh Dilser, son of Sk. Safi Ahmad Matofa 3. Sekh Gulser, son of Sk. Safi Ahmad Matofa 4. Sekh Ole Alam, son of Sk. Safi Ahmad Matofa 5. Sakina Khatoon, wife of Sk. Safi Ahmad Matofa, all residents of village- Monsigha, P.S. Suguali, Distt.-East Champaran -----------------Petitioners. Versus STATE OF BIHAR ----------- 2. 14.9.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that complainant’s wife has been given shelter by the petitioners as she was ousted by the complainant. She has filed a maintenance case also for negligence of the complainant. In any case, petitioners’ arrest cannot be justified either she was residing with the petitioners in the circumstances stated by the learned counsel or otherwise. Having regard to the facts and cir cumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Saghir Alam, Judicial Magistrate, Ist Class, Motihari, in connection with Complaint Case no.C1-1969/2008 , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )