IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5561 of 2011 1. RAKESH SHARMA 2. MIRA DEVI 3. MITHLESH SINGH. 4. RENU DEVI Versus THE STATE OF BIHAR ----------- 3 28.04.2011 Heard learned counsels for the petitioners and the informant. The petitioners being the husband, mother, uncle and aunt of the husband are apprehending their arrest in a case registered under Sections 494 and 365/34 of the Indian Penal Code. The accusation is of abducting the small child, making assault and performing the second marriage by the husband. It was suspected by the informant that the child has been killed, though, the case was registered under Section 365/34 of the I.P.C. The marriage was performed in the year 2003. It appears that the husband filed the divorce case on 08.08.2008 at Delhi which was subsequently, transferred to Nawada on 15.10.2008. The informant filed the guardianship case which is still pending. Thereafter, on 15.04.2009, the case under Section 498A 2 and other provisions of the I.P.C. was registered at the hand of the informant. The matrimonial case was also filed in the year 2009 when the present case has been lodged on 01.08.2010. Vide order dated 04.03.2011, the petitioners were directed to produce the child in the guardianship case. It is contended by learned Sr. counsel that the child was produced before the learned court below but learned counsel for the informant submits that after production of the child, petitioners made assault to the informant and for which a substantive case has been lodged against the petitioners whereas it is submitted on behalf of the petitioners that informant side tried to abduct the child. Considering serious litigation between the parties and the thrust of dispute is with regard to the possession of the child, let the above named petitioners, be released on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two 3 sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Akabarpur P.S. Case No. 180/2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. The informant is apprehensive of non-co- operation of the petitioners in the pending litigations between the parties. If the petitioners shall not co-operate and shall not appear regularly before the learned courts below in the matrimonial and guardianship cases, learned courts below will be at liberty to consider the cancellation of bail of the petitioners. Amrendra/- (Dinesh Kumar Singh, J.)