IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12849 of 2009 1. LAKSHUMAN GIRI son of late Baijnath Giri 2. Ram Nagina Giri son of late Baijnath Giri 3. Most. Phooleshwari Kuer w/o Late Baijnath Giri 4. Ajay Giri son of Lakshuman Giri 5. Kamlapati Giri son of Late Ram Bachan Giri, 6. Rampati Giri son of late Ram Bachan Giri 7. Sushila Devi wife of Lakshuman Giri All resident of village- Gadhake, P. S.- Adhoura, District Kaimur (Bhabua) …Petitioners Versus STATE OF BIHAR …Opposite party ----------- 3. 23.06.2009. Heard learned counsel for the petitioners and the State. Learned counsel for the petitioners submits that it is an example of misuse of the offence under Section 498 A IPC as the marriage was solemnized 25 years ago. Husband died 20 years ago and the occasion for demand was Tilak of complainant’s son in which a motor-cycle was given to her son which was being demanded by family members. If that was the reality then complainant herself was an accused accepting the dowry in connection with her son’s marriage but in any case family members who happen to be husband’s brothers, their wives and sons’ accusation is not justified and basing the same petitioners arrest cannot be further 2 justified. In the facts and circumstances, this application for anticipatory bail is allowed. In case of arrest or surrender within one month from today in Complaint Case No. 1005 of 2008, Tr. No. 1736 of 2008, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Kaimur (Bhabua), subject to the conditions as laid down under sub-Section (2) of Section 438 of the Code of Criminal Procedure. Kanchan (Mandhata Singh, J.)