IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26307 of 2011 1.Kanan Gupta, Wife of Late Baidyanath Gupta. 2.Deepak Gupta, Son of Late Baidyanath Gupta. 3.Dolly Gupta, Wife of Deepak Gupta. 4.Rupak Gupta, Son of Late Baidyanath Gupta. All Resident of Mohalla Sri Ganesh Mandir Hat Alla Bazar, Rampur Hat, P.S. Rampur, District Birbhum (W.B.). ---------- Petitioners Versus The State Of Bihar. -------- Opposite Party ----------- 02/- 29/08/2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The four petitioners apprehend their arrest in connection with a case registered for the offence punishable under Sections 498 (A)/34 of the Indian Penal Code, are named accused in this case instituted on basis of Complaint Case o. 2091 of 2008 being in-laws of the complainant-informant with general and omnibus allegation of demand of dowry, torture etc. and the main grievance appears against non-petitioner the husband. Submission is that under compelling circumstances, the husband has already filed an application bearing Matrimonial Case No. 200 of 2008 under Section 13 of the Hindu Marriage Act, wherein, ex-parte decree has already been passed in his favour, knowing fully well of the case, the complainant-informant did not appear or pursue her rights, if any, rather filed this complaint case. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on 2 furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya, in connection with Kotwali P.S. Case No. 5 of 2009, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till appearance/apprehension of non-petitioner, the husband and in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)