IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12565 of 2010 1. Anar Devi @ Suji Devi, W/o Ram Charitar Mandal. 2. Surendra Mandal, S/o Ram Charitar Mandal. Both are resident of Village- Majhoura, P.S. Laukahi, District- Madhubani………………………Petitioners Versus 1. The State of Bihar. 2. Ram Kumari Devi, W/o Surendra Mandal Resident of Majhoura, P.S. Laukhahi, District-Madhubani. …………Opposite Parties. For the petitioners :- Mr. Manoj Kumar Jha, Advocate. For the State :- Mr. Jitendra Kumar Singh, A.P.P. ----------- 2. 12. 05. 2010. Heard the parties. In a criminal prosecution for offence under Section 498A of the Indian Penal Code, the Petitioner No. 1 happens to be mother-in-law of the complainant and Petitioner No. 2 is her husband. In the complaint petition, there is allegation of demand of dowry and torture against all the accused persons including the petitioners, but primal role for committing the crime in question is assigned against Petitioner No. 2, the husband of the complainant, who was supposed to take care of well being of his wife (complainant). From the pleadings in the bail application, it appears that there is no possibility of restoration of matrimonial relationship between the complainant and the Petitioner No. 2. Taking into consideration the aforesaid facts, prayer for anticipatory bail made on behalf of Petitioner No. 2 Surendra Mandal, husband of the complainant is rejected. He must surrender in the court below in connection with C.R. No. 292/2009, T.R. 2 No.637/2009 within a period of four weeks from today and seek regular bail, if so advised, which shall be considered and disposed of on its own merit without being prejudiced by the present order. However, so far Petitioner No. 1 is concerned, she is mother-in-law of the complainant and stated to be living separately in mess and business with the husband of the complainant, in that view of the matter in the event of her arrest/surrender in connection with C.R. No. 292/2009 T.R. No. 637/2009 within a period of four weeks from today, the above named Petitioner No. 1 shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri D. K. Bhasker, Judicial Magistrate, Jhanjharpur, District-Madhubani, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)