IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35293 of 2008 1. CHANDRABALI PASWAN, son of Late Doman Paswan 2. FUCHO DEVI, wife of Chandrabali Paswan Both resident of Village Chhoti Keshopur Jamalpur Nalapar, P.S. Jamalpur, District Munger -------Petitioners Versus STATE OF BIHAR ----------- 2. 17.11.2008 Heard the learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Complaint Case No.609C/2007 for the alleged offences registered under section 498A of the Indian Penal Code. It is submitted that the petitioners, who are the aged persons, have been made accused in this case to harass them. As a matter of fact, the complainant herself was not willing to stay in her matrimonial home. It is further submitted that the son of the petitioners in the year 2005 had filed an application for restitution of conjugal rights, which was amicably settled vide order dated 7.3.2006, as contained in Annexure 3. Later on the complainant had again left her matrimonial home, for which the son of the petitioners had again filed an application for restitution of conjugal rights and on perusal of the order dated 22.9.2007, as contained in Annexure 4, it would appear that on the notice being sent, which was received by the mother of the complainant, she did not appear even though the court tired its level best. The learned APP appearing for the State submits that 2 the allegations are not specifically and primarily against the petitioners. Considering the facts and circumstances of the case, it is directed that petitioners no.1 and 2 above named, in the event of their arrest or surrender in connection with Complaint Case No.609C/2007, within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Munger, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)