IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49501 of 2008 1. SHANKAR MANDAL 2. JAGARNATH MANDAL 3. MAHENDRA MANDAL All are son of Ramcharan Mandal, All are resident of Village-Bochi, P.S. Araria, District- Araria. -------- Petitioners. Versus THE STATE OF BIHAR. -------- Opposite Party. ----------- 2 13.1.2009 Heard the parties. Petitioners are brothers of one Kokila Devi. Kokila Devi had filed a case under Section 498 A against her husband and in laws alleging therein that she was being tortured by them for dowry. This case was filed on 24.2.2007. To create a defence and as an counter act, the case under Section 498A , the mother-in-law i.e. Most. Savitri Devi has filed the complaint case alleging therein that the petitioner had taken a loan of Rs. 10,000/-. It is said that they could not repay the loan and so they ask the complainant to send her son (husband of Kokila Devi) to the Registry Office to register some land in favour of Most. Savitri Devi against the loan taken by the petitioners. Learned counsel for the 2 petitioners submits that the entire case is forged and fabricated and in fact the husband of Kokila Devi is very much alive and is working outside Bihar. It is also stated that the case has been filed to create a defence and to put pressure on Kokila Devi to withdraw the case under Section 498A. Learned counsel for the petitioners further submits that the relationship between the parties was so strained that it is impossible to believe that the brothers of Kokila Devi would have taken a loan from the mother-in-law of their sister. The story according to the learned counsel has been cooked up and, therefore, a complaint case has been filed after one year of filing of the case under Section 498A. It is submitted that the entire action is loaded with malice. Be that as it may, petitioners namely Shankar Mandal, Jagarnath Mandal and Mahendra Mandal are directed to be released on bail in event of their arrest or surrender in connection with Raniganj P.S. Case No. 190 of 2008 corresponding to G.R. 3 No. 1837of 2008 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria subject to the conditions laid down under Section 438(2) Cr.P.C. Sanjay (Sheema Ali Khan, J.)