IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45970 of 2008 1.MD.MUSTAQUE @ MUSTAQUE son of Md.Daud 2.Md.Daud son of Noor Mohammad 3.Bibi Alisha Khatoon wife of Md.Daud 4.Ali Hussain @ Md.Ali Hasan son of Mahboob 5.Safique son of Rudi Khan. All resident of village-Laxmipur Lohjar, P.S.-Falka, Dist.-Katihar. Versus STATE OF BIHAR ----------- 2. 27.1.2009. Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case which has been registered under sections 498A, 323 and 379 of the Indian Penal Code and section ¾ of the Dowry Prohibition Act. Petitioner no.1 is husband of the complainant, petitioner nos.2 and 3 are parents of petitioner no.1 and petitioner nos.4 and 5 are co-villagers. Submission is that the petitioners have not committed any torture and petitioner no.1 is ready to keep the complainant with all dignity which she deserves So far as petitioner no.1 is concerned he is husband and in matrimonial case his offence cannot be equated with others. Considering his role in the offence, I am not inclined to grant him bail. Accordingly, his prayer for grant of anticipatory bail is rejected. So far as petitioner nos. 2 to 5 are concerned they are on different footing. Considering their relationship with the complainant, their prayer for grant of anticipatory bail is allowed. Accordingly Petitioners no.2 to 5 named above are directed to surrender before the court below within a period of three weeks from the date of - 2 - receipt/production of a copy of this order and in that event they shall be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Sub.Divisional Judicial Magistrate, Katihar in connection with Complaint Case No.1064 of 2007 subject to the conditions as laid down under section 438(2) Cr.P.C. Md.S. (Shyam Kishore Sharma,J.)