IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8094 of 2008 MD.NURUL @ NOOR ALAM & ORS Versus STATE OF BIHAR & ANR ----------- 2. 12.5.2008 Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners pray for anticipatory bail in a case under Section 498 A of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act. The allegation in the complaint petition is of torturing the complainant to bring Rs. 50,000/- in cash and one Hero Honda Motorcycle from her father. Learned counsel for the petitioners submits that admittedly it has come in the complaint petition itself that the husband of the petitioner lives separately at Mumbai where he is carrying on business of tailoring whereas these petitioners are residing in the District of Dumka in the State of Jharkhand. It is further submitted that the petitioner no. 1 is the younger brother and petitioner nos. 2 and 3 are the elder brothers of the husband of the complainant, petitioner no. 4 is the husband and petitioner no. 5 is the mother-in-law of the complainant. Learned counsel also submits that the allegations made in the complaint are of general and omnibus character and as a matter of fact it is the complainant who does not want to live at sasural and has made a totally false and concocted allegation against all the family members who have no concern with the relationship between the - 2 - husband and wife. With respect to the husband it is also submitted that he has never refused to keep her with full love and honour but the complainant herself does not go with him. On a consideration of the aforesaid facts and circumstances of the case, it is directed that the petitioners (1) Md. Nurul @ Noor Alam, (2) Md. Tanvir, (3) Md. Ainul @ Ainul, (4) Md. Touqueer Alam and (5) Bibi Najma @ Bibi Nazama Bano, in the event of their arrest/surrender in the Court below within four weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each in connection with Complaint Case No. 687 of 2006 to the satisfaction of the Sub-Divisional Judicial Magistrate, Bhagalpur, subject to the other applicable conditions laid down under Section 438(2) of the Code of Criminal Procedure. P. Kumar (Ramesh Kumar Datta, J.)