IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21434 of 2009 1. Buddu S/o Later Nesar Mohammad 2. Johara Khatoon W/o Buddu Both Resident of Village Tislia P.S. Abadpur Dist. Katihar With Cr.Misc. No.25023 of 2009 MD.TAJEMUL HAQUE @ TAJIMUL S/o Buddu Resident of Village Tislia P.S. Abadpur Dist. Katihar Versus Petitioners STATE OF BIHAR Opp.party ----------- 2 31.07.2009 Both the applications have been heard together and are being disposed of by this order. Heard learned counsel for the petitioners and learned counsel for the State. Demand and torture are alleged which have been countered on the ground of filing of restitution and thereafter sending legal notice regarding divorce earlier to filing of the complaint case which in itself corroborate the allegation made in the complaint petition. As difference between the wife and husband was within a month and if that was matrimonial so simple in nature, there was no justification to file restitution while wife left the house on 16.2.2008 and the restitution was filed on 21.7.2008. Notice regarding divorce appears to have been sent on 8.8.2008. Complaint was filed on 11.8.2008 but that is the act of the wife and husband. Parents have also been made accused in this case. Differences are torture and cruelty appear to have been committed at the hand of the husband. As such prayer of the husband- Md Tajemul Haque @ Tajimul in (Cr. Misc. no. 25023/2009) is rejected. Accordingly, the prayer of the petitioners in Cr. Misc. no. 21434/2009 is allowed. - 2 - In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with CA 2440 of 2008, above named petitioners ( Buddu and Johara Khatoon) shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar subject to the conditions as laid down under Section 438(2) of Cr. P.C. shahid (Mandhata Singh, J.)