IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7159 of 2009 1. YAMUNA SINGH,son of late Deonandan Singh 2. Rajendra Singh,son of late Deonandan Singh 3. Sudhir Singh,son of Sri Yamuna Singh 4. Sabuja Devi,wife of Sri Yamuna Singh 5. Usha Devi,wife of Sri Yamuna Singh 6. Munni Devi,wife of Sri Sunil Singh All the above from Serial Nos.1 to 6 residents of village-Barnausa,P.S.- Silao,District-Nalanda. 7. Baiju Singh,son of late Mukhdeo Singh,resident of village- Jaitiya,P.S.-Goh,District-Gaya. 8. Rocket Singh,son of Sri Rajeshwar Singh,resident of village-Belna,P.S.- Khizarsarai,District-Gaya. 9. Kaushalya Devi,wife of late Ajay Singh,resident of village- Laluadih,P.S.-Harnaut,District-Nalanda. Versus THE STATE OF BIHAR With Cr.Misc.No.9126 of 2009 Sunil Kumar @ Sunil Singh,son of Yamuna Singh,r/o village-Barnausa,P.S.-Silao, District-Nalanda. Versus THE STATE OF BIHAR --------- 02/ 02-04-2009 As both cases arise out of the same complaint case, they are heard together. Submission of the learned counsel for the petitioners is that complainant herself deserted her husband forcing him to file a divorce case, that was allowed also, though after filing of the complaint case but divorce case was filed earlier than this complaint case. In the complaint case there was further allegation regarding eloping of the complainant on 13.1.2008 and all family members even uncle and distant relations have been made accused only to pressurize and 2 justifying her act of eloping with one Dilip Singh. According to the learned counsel, in any case, petitioners’ arrest cannot be justified. I agree with the same. In case of arrest or surrender within one month from today in Complaint Case No.1234 of 2008 (Tr.No.1733/2008), the above named petitioners 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 S.D.J.M., Gaya, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )