IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16779 of 2008 ABDUL HAKIM & ANR Versus STATE OF BIHAR ----------- 05 15.09.2008 Heard learned counsel for the petitioners and the State. None appears on behalf of the Opposite Party No.2 despite service of notice. Petitioners are accused in a case for the offences registered under Sections 323,341,342,504,498A and 406 of the Indian Penal Code. It is submitted that the present case has been lodged after 13 years of the marriage. It is further submitted that the complainant herself has left the matrimonial home. However, the petitioner is still ready to keep her as a legally wedded wife. Considering the nature of allegations and the complaint, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner no.2, namely, Bibi Momeda Khatoon @ Bibi Nomeda Khatoon be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of Sri B.K. Mishra, Judicial Magistrate, Ist class, Purnea in connection with Complaint case No. 498/2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. However, considering the allegations made against the petitioner No.1 Abdul Hakim, I am not inclined to allow the - 2 - application. The same is accordingly rejected. Sym ( Shailesh Kumar Sinha, J.)