IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21003 of 2009 1. MD.TAZUDDIN, son of late Md. Basik Ahmad 2. Nurjahan Khatoon, wife of Md. Tazuddin 3. Md. Naim Akhtar @ Netajee, son of Alaimuddin 4. Farhat @ Soni, son of Md. Haidar All residents of village-Karan, P.S.-Silao, Distt.-Nalanda 5. Md. Shakil, son of Chand Mian @ Chando 6. Md. Mokhtar, son of Chand Mian @ Chando Both residents of village-Katras Bara Saheb Telar, P.S.-Katras, Distt.- Dhanbad-----------------------------------------------------------Petitioners. Versus STATE OF BIHAR ----------- 2. 25.7.2009 Learned counsel for the petitioners submits that petitioner no.1, Md. Tazuddin , has been arrested and, as such this application as against him has become infructuous. Accordingly, this application is dismissed as infructuous as against petitioner no.1. Heard learned counsel for the petitioners and the State. In the case allegation is leveled against the husband primarily for his having relation with a girl later leaving the village with her. Thereafter, role of petitioners comes in picture. While the complainant went to her Maike they went there to bring her back for keeping with all dignity but that was not followed. They started to demand cash and causing cruelty. There can be some sympathy with the complainant for her husband’s act but his having relation with another girl was not accepted by family members as per allegation also, that is why he left the village with the girl. Again there can be no justification to involve all family members about keeping the second girl in lieu of their making demand of cash and causing cruelty while she remained with all o.k. at her in-laws till her son grown up to seven - 2 - years old. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order the above named petitioner nos.2 to 6 shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Gaya, in connection with Complaint Case no.1280 of 2008 , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )