IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16090 of 2009 1. LAKSHMI BANAITA, son of late Munni Banaita 2. Hridai Banaita, son of Lakshmi Banaita 3. Radhe Banaita, son of Lakshmi Banaita All residents of village-Khargama, P.S.Phulparas, District-Madhubani, Bihar- -----------------------------------------------------------------------------Petitioners. Versus STATE OF BIHAR ----------- 2. 13.5.2009 Heard learned counsel for the petitioners and the State. In the case accused persons have been alleged for demand of dowry and causing cruelty. While the submission of the learned counsel for the petitioner is that petitioner no.1 is Bhaisur and petitioner nos.2 and 3 are his sons. They are separate from the husband and marriage took place about 15 years ago. For having some more care and pressurizing for the same, the case is lodged. In my view, it appears for misuse of privilege of bail. Only brother of the husband and his son are the main accused. Even for demand of dowry and causing cruelty for its non-fulfilment, continuation of demand for such a long period by nephew of the husband is disbelievable and the fact can also be doubted. Having regard to the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of arrest or surrender within one month from today in C.R. no.12 of 2007 (T.R. no.1871 of 2008), the above named petitioners 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., Jhanjharpur, District-Madhubani , subject to the condition as laid down under section 438(2) of the Code of Criminal - 2 - Procedure. Sudip ( Mandhata Singh, J )