IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13792 of 2010 1. SUMITRA DEVI , wife of Sri Ghuran Jha, 2. Ghuran Jha, son of Late Jai Kant Jha 3. Santosh Kumar Jha, son of Sri Ghuran Jha All are resident of Village-Koilakh, P.S.-Rajnagar, District-Madhubani. .. .. Petitioners Versus THE STATE OF BIHAR.. .. Opp.Party ----------- For the Petitioners :Mr. Ajay Kumar Thakur For the State : Mr. Rajendra Singh Shastry, Addl.P.P. -------------- 02/ 18-05-2010 Heard the parties. In a criminal prosecution for the offence under Section 498A and some other minor and bailable offences of the Indian Penal Code, petitioners no.1 and 2 are the parents-in-law of the complainant and petitioner no.3 happens to be her husband. In the complaint petition, though there is allegation of demand of dowry and torture, but it is submitted by the learned counsel for the petitioners that, in fact, the present complaint petition has been filed by way of retaliation of matrimonial suit filed by petitioner no.3 earlier seeking divorce in terms of Section 13 of The Hindu Marriage Act. It is also submitted that in view of the pendency of the matrimonial suit for divorce, there is no possibility of restoration of matrimonial relationship between the parties. In the aforesaid circumstances, particularly in view of the fact that matrimonial suit for divorce was filed earlier and thereafter the present complaint case (Annexure-1) was filed, in the event of arrest/surrender within a period of four weeks from today in Complaint Case No.254 of 2009, the above named 2 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 the Chief Judicial Magistrate, Madhubani, subject to the conditions as laid down under sub- section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)