IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20881 of 2008 SITAMBER PRASAD GUPTA & ANR Versus STATE OF BIHAR & ANR ----------- 4 16.09.2008 Heard learned counsel for the petitioners and the opposite party no.2, who has appeared pursuant to notice issued by this Court and has filed a counter affidavit. Petitioners, who are the father-in-law and mother-in-law of the complainant, are accused in a case registered for the offences under Sections 323, 498A of the Indian Penal Code and section 4 of the Dowry Prohibition Act. The allegation in the complaint is that all the accused persons named therein including these petitioners made demand of dowry and when the same was not fulfilled the complainant was driven out of her matrimonial house. It has been submitted on behalf of the petitioners that in the complaint there is no specific allegation against these petitioners. It is further submitted that the husband of the complainant filed a suit for divorce which was decreed ex-parte on 04.03.2008 as contained in Annexure-2 to the petitioner. It is further submitted that the petitioners are old persons. - 2 - Learned counsel appearing for the opposite party no.2 submits that the demand of dowry has been made by all the accused persons including these two petitioners, and as such, all are liable to be punished. It is further submitted that on coming to know about the ex-parte decree of divorce the complainant has filed an appeal against the same, copy of the memo of appeal has been annexed with the counter affidavit. Having considered the submissions, as noticed above, and in 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 petitioners, namely, Sitamber Prasad Gupta & Lalo Devi be released 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 the Sub-Divisional Judicial Magistrate, Jehanabad, in connection with Complaint Case No. 346 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)