IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10689 of 2009 1. MD.AYUB, son of Md. Yunush 2. Md. Ersad @ Md. Irshad, son of Yunush 3. Munni, daughter of Md. Yunush 4. Bibi Noorjahan daughter of Md. Yunush 5. Md. Yunush, son of Late Md. Nizam 6. Mehrun Nisha @ Mehrunnisa, wife of Md. Yunush, all are resident of mohalla Gandhipath, Ward No. 8, P.S. and District Saharsa Versus STATE OF BIHAR ----------- 03/ 23.06.2009 During the pendency of this application, Md. Ersad @ Md. Irshad, petitioner no.2 has been arrested and allowed regular bail, as would appear from the statement made in the supplementary affidavit. In the circumstances, his application has become infructuous. Heard learned counsel for the petitioners, the State and the complainant. Petitioner nos. 1 and 3 to 6 are apprehending their arrest in connection with a complaint case registered for the offence under Section 498A of the India Penal Code. It is submitted on behalf of the petitioners that the husband of the complainant, Shanaz Praveen has not yet returned from his place of employment in Arab country and the petitioners herein could not succeed in resumption of the matrimonial ties of the complainant with her husband, Md. Yusuf. In view of the allegation set out in the complaint petition, prayer for bail in the event of arrest made on behalf of 2 petitioner nos. 1, 5 and 6 is rejected with direction to surrender in the court below within four weeks from today and apply for regular bail, which should be considered in accordance with law without being prejudiced by the fact that this Court has not chosen to admit them to the privilege of bail in the event of arrest. So far petitioner nos. 3 and 4, Munni and Bibi Noorjahan are concerned, they being unmarried and married daughters of petitioner no.5, should surrender in the court below within four weeks from today and thereafter be admitted to the privilege of bail on furnishing bail bonds of Rs. 5,000/- (Rs. Five thousand only) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Saharsa in connection with Complaint Case No. 1043C of 2008, subject to the conditions, as laid down under Section 438(2) Cr.P.C. Arjun/ ( V.N. Sinha, J.)