IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48214 of 2008 1. UPENDRA BHARTI, SON OF RUP NARAIN BHARTI, RESIDENT OF KLAHURI KHURD TABKALA, PHURBARI MATHIYA, P.O.- KARI, P.S.- MAHANDIA, DISTRICT- ARWAL. 2. SIKANDAR BHARTI @ SIKADRA GIRI, SON OF LATE RUP NARAIN BHARTI, RESIDENT OF KLAHURI KHURD TABKALA, PHURBARI MATHIYA, P.O.- KARI, P.S.- MAHANDIA, DISTRICT- ARWAL. Versus STATE OF BIHAR ----------- 2 03.12.2008 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in a complaint case under sections 323, 498A and 312 of Indian Penal Code and section 4 of the D.P. Act. The submission on behalf of the husband and his brother is that the marriage in question was solemnized 11 years ago. The complaint was essentially a claim for maintenance as evident from paragraph no. 11 from the complaint petition for which the remedy was entirely different in law. Considering the submissions, only for the purposes of grant of bail, let the petitioners abovenamed surrender before the court below within four weeks when they shall be enlarged on anticipatory bail upon furnishing the bail bonds of Rs. 10,000/- (ten thousand)each with two sureties of the like amount each to the satisfaction of learned C.J.M., Arwal in connection with Complaint case no. 408/2007. pkj (Navin Sinha, J) - 2 -