IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34109 of 2009 1. KAPILDEO PASWAN, Son of Hirawan Paswan 2. KRISHNA PASWAN, Son of Hiraman Paswan Both resident of village – Bhori, P.S. Tekari, District – Gaya, presently resident at village – Madanpur, P.S. Makhdumpur, District – Jehanabad. ….. Petitioners. Versus THE STATE OF BIHAR ….. Opp. Party. ----------- 02/ 17.09.2009 Heard the counsel for the petitioners and the counsel appearing for the State. Petitioner no. 1 is the husband and petitioner no.2 is the brother-in-law of the complainant. Counsel for the petitioners submits that initially Complaint Case No. 954 of 2007 was instituted by the complainant, who is the wife of petitioner Kapildeo Paswan for the offence under Sections 323, 498A, 379, 494/34 of the IPC. Makhdumpur P.S. Case No. 97 of 2008 was instituted under Section 156(3) of the Cr.P.C. in which the police after investigation submitted final form. However, the protest was treated as complaint and Complaint Case No. 777 of 2009 registered in which cognizance has been taken by the court. It is also stated that marriage in between the petitioner and the complainant had taken place long back and they have grown up children and making the false allegation the present case has been instituted. - 2 - Considering the fact, the prayer for grant of anticipatory bail on behalf of the petitioners, namely, Kapildeo Paswan and Krishan Paswan is allowed. They are directed to be released on anticipatory bail, in case of his surrender before the Court concerned within four weeks from today, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Makhdumpur P.S. Case No. 97 of 2008 arising out of Complaint Case No. 954 of 2007/ Protest –cum- Complaint Case No. 777 of 2008/ Tr. No. 1471 of 2009 to the satisfaction of S.D.J.M., Jehanabad. DKS/ (Mridula Mishra, J.)