IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11752 of 2009 1. BUDH RAM,son of late Bhallar Ram, 2. Anokhi,son of late Bhallar Ram, 3. Rajo,son of Budh Ram, 4. Abdul Shahid,son of Abdul Samad, 5. Shital,son of Budh Ram, 6. Keshab,son of late Lalta, All resident of village-Jigania Chhatrapal Singh,Gram-Tilak Purwa,P.S.- Ranipur,District-Bharai(U.P.) Versus STATE OF BIHAR ----------- 02/ 21-04-2009 Heard learned counsel for the petitioners and the State. Submission of the learned counsel for the petitioners is that allegation levelled against the petitioners is remotely constitutes an offence under Section 498 of the Penal Code but never under Section 379 of the Penal Code as articles allegedly stolen was taken away by complainant’s wife herself claiming the same as her own. So, 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.2147/2002, 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 Sub-Divisional Judicial Magistrate, Katihar, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )