IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8244 of 2008 PAWAN CHARAN PAHARI @ PAWAN KUMAR PAHARI @ CHINTU & ORS Versus THE STATE OF BIHAR & ANR WITH Cr.Misc.No.8395 of 2008 PRABHAT KUMAR Versus THE STATE OF BIHAR & ANR. ----------- 2 5.5.2008 Cr.Misc.No.8244 of 2008 preferred by 1.Pawan Charan Pahari @ Pawan Kumar Pahari @ Chintu 2. Pankaj Kumar 3. Pravesh Kumar and 4. Malti Devi and Cr.Misc.No.8395 of 2008 preferred by Prabhat Kumar are being taken up together as they arise out of the same Complaint Case No.823 of 2007 and having been heard together are being disposed of by this common order. The petitioners of Cr.Misc.No.8244 of 2008 happen to be the three brothers in-law and mother- in-law of the complainant and the petitioner of Cr.Misc.No.8395 of 2008 is the husband. As per the allegations, accused persons properly behaved with the complainant for a few days after the marriage but subsequently an additional demand of Rs.2 lacs was made as dowry and for the non-fulfillment thereof, the complainant was subjected to torture and cruelty and also ousted from the marital home on several occasions. It has been submitted on behalf of the petitioners that allegations in the complaint petition are general and omnibus in nature and no specific allegation has been made against any of the petitioners. It has also been submitted that since the complainant had - 2 - deserted the marital home , legal notice was sent to her and thereby the instant complaint has been filed. It has also been submitted that although several attempts were made to bring back to the complainant to the marital home, no response was taken and eventually the husband had to file a suit under Section-10 of the Hindu Marriage Act,1955, wherein the complainant has already appeared. Be that as it may, in the facts and circumstances of the case, in the event of arrest/surrender by the petitioners, namely, 1.Pawan Charan Pahari @ Pawan Kumar Pahari @ Chintu 2. Pankaj Kumar 3. Pravesh Kumar and 4. Malti Devi ( all of Cr.Misc.No.8244 of 2008) in the court below within three weeks from today, they shall be enlarge on bail on each of them furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Gaya in connection with Complaint Case No.823 of 2007, subject to the conditions as laid down in Section-438(2) Cr.P.C. So far petitioner , Prabhat Kumar being the husband ( Cr.Misc.No.8395 of 2008) is concerned, it is hereby rejected. ( Abhijit Sinha, J ) NKS/-