IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16773 of 2010 1. PUNIT SAH SON OF LATE HIYALAL SAH 2. JANKI DEVI WIFE OF PUNIT SAH 3. SANJEET SAH SON OF PUNIT SAH 4. RANJEET SAH SON OF PUNIT SAH, ALL RESIDENT OF VILLAGE VISHAMBHERPUR, ALAUTH, P.S. MUSRI GHARARI, DISTRICT- SAMASTIPUR Versus STATE OF BIHAR . ----------- 2 21.05.2010 Heard learned counsel for the petitioner and the State. The offence alleged is under sections 323, 379, 406, 498A, 504/34 of the Indian Penal Code. It is submitted that as regards the petitioner no.1 the application has become infructuous as he has been arrested during the pendency of this application. This application with respect to the petitioner no.1 is dismissed as infructuous. Petitioner nos. 2, 3 & 4 are the mother-in-law, devar and the husband of the complainant respectively. It is submitted that the present complaint has been filed for ulterior purposes since prior to the filing of the present complaint the complainant had filed a maintenance case vide Case No. 70 of 2009 which is being contested between the parties. Besides that there is no specific allegation against the petitioners with regard to the alleged offence. In the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner nos. 2 to 4, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in connection with Samastipur (M) P.S. Case No. 492 of 2009 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- (Shailesh Kumar Sinha,J.)