IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 24983 of 2009 1 Indradeo Mistri, son of Arjun Mistri 2 Arjun Mistri, son of late Duli Mistri 3 Lalo Devi, wife of Arjun Mistri, all residents of Village – Beri, P O – Bhadaiya, P S – Barachatti, Dist – Gaya - Petitioners Versus State of Bihar - Opposite Party ----------- 2 30.07.2009 On behalf of petitioners, it is stated that during pendency of this application, Arjun Mistri, petitioner No 2 has been arrested. As such, this application on his behalf is not being pressed and it stands disposed of as infructuous. This application will be considered only in respect of 2 other petitioners. Petitioner No 1 is the husband and petitioner No 3 is mother-in-law of the complainant. They apprehend arrest in complaint Case No 419 of 2008 instituted under Sections 498A and 406 of Indian Penal Code. Petitioners state that first in 2005 also, the complainant had filed a false complaint case against the petitioners in which this Court has granted anticipatory bail. Petitioner No 1 in fact works outside and when he returned he found his wife indulged in adultery. He then filed a divorce case being Matrimonial Divorce Case No 28 of 2005 before the District Judge, Gaya on 10.05.2005 in which the complainant herself deposed that she has been living separately for about one and a half years and admitted that even her children are living with their father. She did not want to keep the children with her and wanted divorce also. She did not want any maintenance. It is on basis of her deposition that on 12.07.2006, divorce was granted by judgment of the Principal Judge, 2 Family Court, Gaya and the marriage stood dissolved. It is, thereafter, that the present complaint has been filed only with malicious intention. In the facts and circumstances of the case, if the petitioners abovenamed surrender before the Court below within 4 weeks from today, they shall be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Subdivisional Judicial Magistrate, Sherghati, Gaya in Complaint Case No 419 of 2008 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)