IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.39108 of 2010 1. DULAN MAHTO @ DULAM CHAUHAN 2. Surendra Mahto 3. Mostt. Chandrakala Devi 4. Sushila Devi Versus STATE OF BIHAR ----------- 2/ 02.12.2010 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are alleged for causing cruelty for demand of dowry, petitioner no.4 is further alleged for taking complainant’s ornaments but the same never returned. Submission of the learned counsel for petitioners is that complainant was earlier married with one Pramod Mahto and without divorce, again marriage was solemnized. So, the offence under Section 498A of the I.P.C. is not applicable that is a ground for differences between the wife and husband. If husband is not accepting after knowing the marriage how its liability can be extended to other family members justifying their arrest. Considering the facts and circumstances of the case, prayer of the petitioners is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Complaint Case No. 2042 of 2009/2675 of 2010, above named 2 petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Gopalganj subject to the conditions as laid down under Section 438(2) of Cr. P.C. Shail ( Mandhata Singh, J.)