IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52354 of 2008 1. SANTOSH MANDAL Son of Dhaneshwar Mandal 2. Guddu Mandal Son of Dhaneshwar Mandal Both resident of Mohalla nazirpur Akharaghat, P.S. Ahiyapur District- Muzaffarpur -----------------Petitioner Versus STATE OF BIHAR -----------------Opposite Party ----------- 2. 9.2.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. Learned counsel for the petitioners submits that the daughter of Raj Kumar Choudhary had married one Manoj Kumar Jaiswal. The petitioners are said to be tenant in the house of Raj Kumar Choudhary. Manoj Kumar Jaiswal has filed a case alleging that petitioner no. 1 had given a cup of tea to the informant Manoj Kumar Jaiswal as a result of which he fell unconscious and went to sleep. Learned counsel for the petitioners further submits that the daughter of Raj Kumar Chaudhary had filed a case under Section 498A against her husband who is the informant in this case and the petitioners have been made accused out of malice by Manoj Kumar Jaiswal. Learned counsel further submits that till today no charge sheet has been filed against these petitioners but they are being harassed by Manoj Kumar Jaiswal and the local police. The present case although filed in the year 2005 appears to be under investigation and no charge sheet has been submitted as yet in this case. Considering the aforesaid facts, the petitioners Santosh - 2 - Mandal and Guddu Mandal are directed to be released on anticipatory bail in the event of their arrest or surrender before the Court below within a period of six weeks in connection with Town P.S. Case No. 128 of 2005 on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, subject to the conditions laid down under Section 438(2) of the Cr.P.C. P. Kumar (Sheema Ali Khan, J.)