IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33496 of 2010 1. BRAHMDEO SAH @ BRAHAMDEO PRASAD SAH 2. BISHWANATH PRASAD SAH 3. RINKU SAH Versus THE STATE OF BIHAR ----------- 2. 5.10.2010. Heard learned counsel appearing on behalf of the petitioners and the learned counsel appearing on behalf of the State. The petitioners apprehend their arrest in connection with Complaint Case No.860(C) of 2004 registered under various provisions of the Indian Penal Code but the learned counsel for the petitioners submits that the cognizance in the said case was taken under section 147, 323 and 379 of the Indian Penal Code. Learned counsel for the petitioners further submits that the present case is a counter blast to the earlier case instituted by the petitioner no.1 against the complainant giving rise to Complaint Case No.426 of 2003 registered under sections 406 of the Indian Penal Code and section ¾ of the Dowry Prohibition Act. Learned counsel further submits that the falsity of the allegation is apparent from the very fact that though the alleged occurrence is said to have taken place in the District of Khagaria but 2 complaint case has been instituted at Jamui and which shows that the same is motivated. He further submits that even the allegation as set out in the complaint is not correct. He thus submits that in the circumstances, the prayer of the petitioners may be considered. Taking into consideration the circumstances and submissions of the learned counsel for the petitioners, let the petitioners (1) Brahmdeo Sah alias Brahamdeo Prasad Sah, (2) Bishwanath Prasad Sah and (3) Rinku Sah, in the event of their arrest/surrender within four weeks from the date of receipt/production of a copy of this order, be released on bail upon each of them individually furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sri Ran Vijay Kumar, Judicial Magistrate, Ist Class, Jamui in connection with Complaint Case No.860(C) of 2004 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. ahk (Jyoti Saran, J)