IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7495 of 2008 ARCHANA BHARTI @ ARCHANA DEVI & ANR With Cr. Misc. No.11658 of 2008 Raj Kishore Pathak and another Versus STATE OF BIHAR (In both cases) ----------- 2. 2.5.2008 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant in both the cases which arise out of the same complaint case instituted on the basis of the protest- cum- complaint petition filed by the complainant during the course of police investigation. It is stated by learned counsel for the petitioners that earlier the police case was filed but the police after investigation submitted final form in the matter, which was accepted and thereafter the complaint case started. Learned counsel points out that petitioner No.1 in Cr. Misc. No.7495 of 2008 is the married sister-in-law (Nanad) of the complainant and petitioner no.2, who is a Second Year student in the College is a Dewar of the complainant. The petitioners in the other case are father -in-law and mother-in-law. Learned counsel for the petitioners submits that the petitioners have been wrongly implicated in this false and concocted case and it is the complainant who has refused to stay with her husband and for the said reason Matrimonial Case No.42 of 2004 was filed by the husband of the complainant on 12.11.2003 for restitution of conjugal right under Section 9 of the Hindu Marriage Act. Only after the said case was lodged, the present complainant filed the police case on 18.9.2004. It is further submitted 2 that subsequently Divorce Case No. 78 of 2004 was also filed by her husband since the complainant persistently refused to live with her husband. The complainant has entered appearance without notice and it is submitted by learned counsel for the complainant that she has been subjected to various forms of torture by her in-laws and the purpose was to get the land and other property of her father transferred by the in-laws in the name of her husband. On a consideration of the facts and circumstances of the case, it is directed that the petitioners (1) Archana Bharti alias Archana Devi alias Laili and (2) Abhishekh Kumar Bharti in Cr. Misc. No.7495 of 2008 and petitioners (1) Raj Kishore Pathak and (2) Pramod Pathak alias Pramodani Pathak in Cr. Misc. No.11658 of 2008 in the event of their arrest or surrender in the court below within four weeks from today shall be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties each of the like amount each in connection with Complaint Case No. 68 of 2006 to the satisfaction of the Chief Judicial Magistrate, Purnea, subject to the other applicable conditions laid down under Section 438 (2) Cr.P.C. VPS (Ramesh Kumar Datta,J.)