IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.937 of 2009 1. Neetu Devi,wife of late Premchand `Josh’ 2. Balram Yadav,son of late Pairu Yadav, Both residents of village- Mathurapur,P.S.-Bhawanipur,District- Bhagalpur. Versus 1. STATE OF BIHAR 2. Babita Devi,w/o Tapeshwar Yadav,D/o Ramjee Yadav,resident of village- Rajajan, P.S.-Mansi,Dist.-Khagaria ----------- 03/ 13-04-2009 Heard learned counsel for the petitioners and the State. Prayer for anticipatory bail of petitioner no.1,Neetu Devi has already been allowed on 20.2.2009. So far as petitioner no.2, Balram Yadav is concerned, it is submitted that though a case under Section 498A of the Indian Penal Code has been made making allegation for demand and torture caused by all the family members due to non-fulfilment of the demand but this case can be quoted as an example for false allegation or misuse of a privilege given to a helpless lady. 72 years old father-in-law and other family members have been made accused in the case. According to the learned counsel, for differences of the complainant with her husband all the family members have been made accused to pressurize otherwise. So, petitioner’s arrest cannot be justified. I agree with the same. In case of arrest or surrender within one month from today in Complaint Case No.101C/2008, petitioner no.2 (Balram Yadav) shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of 2 the Chief Judicial Magistrate, Khagaria, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )