IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29454 of 2008 1. HARIBANSH PASWAN S/O-Sahdeo Paswan 2. PUSPA BHARTI W/O-Haribansh Paswan Both residents of village Saner, P.S.-Riga, Distt.-Sitamarhi. Versus STATE OF BIHAR ----------- 3/ 06.01.2009 Heard learned Counsel for the petitioners and learned Counsel appearing on behalf of the State. The petitioners apprehend their arrest in Complaint Case No. 1395 of 2006 registered under Sections 498(A) and 494 of the Indian Penal Code. The complainant has alleged that the petitioner no. 1 had married with petitioner no. 2 and the accused persons were torturing her so she had to file the complaint petition. Learned Counsel for the petitioner has submitted that the complainant had filed a petition before S.P. Sitamarhi and the complaint was referred for investigation and the officer-in-charge of Riga Police Station has given a report to the S.P. Sitamarhi on 19.09.2006 in his Memo No. 1792/Confidential in which he has given the details of the conduct of the complainant saying that she was having illicit relationship and she has left the village and resided with another person for nine years. Later on legal notice was - 2 - sent to the complainant. Further submission is that the matter was taken up to before the Conciliation Board but the complainant has abstained and the petitioner has given undertaking that he is ready to give all the support to the complainant. Prayer for bail has been opposed by learned Counsel appearing on behalf of O.P. No. 2 who has submitted that Annexure-2 is a fabricated report. Considering the facts and circumstances of the case, the petitioners above named are directed to surrender before the Court below within a period of twenty days from the date of receipt/production of a copy of this order and on their so surrendering they shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Sitamarhi in connection with Complaint Case No. 1395 of 2006/Tr. No. 2667 of 2008, subject to the condition as laid down under Section 438 (2) of the Cr. P.C. kksinha/ (Shyam Kishore Sharma, J.)