IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49283 of 2008 1. VIKASH KUMAR, son of Baleshwar Sahni 2. Baleshwar Sahni,son of Sudu Sahani Both resident of village-Charkoriya, P.S.-Kudhani,District-Muzaffarpur. Versus 1. THE STATE OF BIHAR 2. Ram Nandan Sahni, son of late Ram Bhajan Sahni, resident of village & P.S.- Kudhani,District-Muzaffarpur. ----------- 02/ 27-04-2009 Heard learned counsel for the petitioners and the State. Submission of the learned counsel for the petitioners is that while the talk was held in between the parties, petitioner no.1 became major just crossed the age of 18 years but was not attaining marriageable age, which is 21 years, for that only marriage could not be finalized. Agitating there from with false allegation this case has been lodged, even levelling the allegation under Section 498A of the Penal Code, which was not accepted by the cognizance court. So, petitioners’ arrest in any case cannot be justified. I agree with the same. Accordingly, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from today in Complaint Case No.C-556/2008, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the S.D.J.M.(West), Muzaffarpur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )