IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17682 of 2009 1. MOGAL KHAN @ PARVEZ Son of Sammu Khan. 2. Sammu Khan Son of Late Ibrahim Khan. 3. Munni Khatoon Wife of Sammu Khan. All residents of village-Rani Sagar, Paschim Mohalla, P.S.- Shahpur, District-Bhojpur. ………………… Petitioners Versus 1. STATE OF BIHAR 2. Kamrun Nisha W/o- Ekbal, resident of village-Rani Sagar, Paschim Mohalla, P.S.Shahpur, District-Bhojpur. ……………….. Opposite Parties ----------- 2 26.05.2009 Petitioner No.1 is the husband of the deceased, petitioner No.2 is the father-in-law and petitioner No.3 is the mother-in-law they apprehends their arrest in Complaint Case No.1951(C)06 appertaining to Trial No. 1861 of 2009 for an offence under Section 498(A)of the Indian Penal Code which is on the basis of protest/ complaint petition filed by the complainant on behalf of her daughter. It is submitted that originally a complaint case was filed by the same complainant which was in terms of Section 156 B sent for registering as a police case that complaint was under Section 498(A) read with Section 304(B) of the Indian Penal Code herein. It was alleged that the complainant’s daughter and petitioner No.1 were married as far back in 1999 and all the 2 petitioners had combined to kill her. On full police investigation, police submitted a final form not sent up for trail in person rather they held that the complaint was falsely filed and as such recommended initiation of proceeding against the complainant. It is only to save him from the said proceedings that a pretest-cum-complaint petition has been filed on the basis whereof it is submitted that the learned Magistrate has taken cognizance only under Section 498(A) of the I.P.C. In my view, it is established that the petitioners are entitled to privilege of bail, in the even of arrest or surrender within four weeks from today, the petitioners above named shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Ara in Complaint Case No 1951(C)of 2006/Tr.No.1861 of 2009 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. Bibhash (Navaniti Prasad Singh, J.)