IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3916 of 2009 1. YOGENDRA SAH 2. Ghanshyam Prasad Nirala Versus The STATE OF BIHAR ---With--- Cr. Misc. No. 6443 of 2009 1. LOVELYA KUMARI @ PINKY KUMARI @ PINKY 2. Gurudeo Sah @ Gurudeo Sudha 3. Sadanand Sharma Versus The STATE OF BIHAR ---With--- Cr. Misc. No. 22076 of 2009 MAHESH SAH @ MAHESH KR.SAH Versus The STATE OF BIHAR -------- 2/ 24.06.2009 Heard learned counsel for the petitioners and learned counsel for the State. Every ingredient of offence under Section 498A followed by other offence under Sections 406, 323, 305 of I.P.C. and 3/4 of the Dowry Prohibition Act is there in the Complaint Petition. For the offence under Section 498A of I.P.C., it is said that a demand was made for Rs. 3,00,000/- for which cruelty was caused including assault. Ornaments were kept by in-laws that is belied by the further allegation made in the complaint itself that cash at the occasion of marriage was paid to be deposited in the name of the complainant. It is beyond the understanding of a common person that how cash will be paid to others for depositing in the name or account of the complainant. Money is paid by the father that could easily be deposited in the name of his daughter. Further, it is said that she remained for a week at her in-laws and assault, if any, was made that was by the petitioners after going to her parental house. She at present is a teacher in West Bengal. Attempt of the learned Sessions Judge came to an end after refusal of the complaint 2 to reside with this petitioners in the name of torture or cruelty caused by him in the period of one week. On the other hand, it is said that a legal notice was sent by the husband to call her back which was not replied and from the circumstances discussed as above, it appears that the allegation made in the complaint petition is misuse of the privilege given to helpless ladies. Considering the facts and circumstances of the case, the prayer of the petitioners is allowed. In the event of arrest or surrender within one month from today in connection with Complaint Case No. 232C of 2008, 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 S.D.J.M., Munger subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)