IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39196 of 2008 1. Md. Nausad, son of Md. Gulab. 2. Md. Vabloo, son of Md. Gulab. 3. Md. Nauzad, son of Md. Gulab. 4. Bibi Sanjeeda Khatoon, wife of Md. Gulab. 5. Bibi Sajjo, daughter of Md. Gulab. All are resident of Village-Morsanda, P.S.-Falka, District-Katihar……………………………….Petitioners. Versus 1. The State of Bihar. 2. Bibi Nurjaha Begum, D/o Md. Yunnish, R/V Madhela, P.S. Falka, District-Katihar …………………Opposite Party. ----------- 6. 25. 03. 09. Supplementary affidavit has been filed on behalf of the petitioners. Heard learned counsel for the petitioners and the State. Petitioner apprehend his arrest in connection with Complaint Case No. 2494/2007 for offence under Section 498 A of the Indian Penal Code. By order dated 24. 10. 2008, issued notice to the complainant as Opposite Party No. 2. However, despite service of notice, she has not appeared. It is submitted on behalf of the petitioner that the present case has been filed only to harass the petitioner. Earlier petitioner has been filed Matrimonial Case No. 7/04 for restitution of conjugal right, the case was dropped on the assurance of the complainant that she will be residing with the petitioner. Besides above the complainant has filed a Complaint Case No. 669/2003 (contained in Annexure-2 series). The said case was disposed of as the complainant expressed desire to live with the petitioner and further stated that her relationship - 2 - with the petitioner being cordial on residing in her matrimonial house. The present case has been filed by her only to harass the petitioner with false and imaginary allegation. Considering the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today the petitioner namely, Md. Nausad 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 S.D.J.M., Katihar, in connection with Complaint Case No. 2494/07, subject to the conditions as laid under Sub Section 2 of Section 438 of Code of Criminal Procedure. m.p (Shailesh Kumar Sinha,J.)