IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35899 of 2008 1. BANARSI SAH S/O LATE KESHO SAH 2. MAHADEVI @ MAHADEVI DEVI W/O BANARSHI SAH ( BOTH ARE R/O VILL. LOCCHI P.S. HAVELI-KHARAGPUR, DIST. MUNGER) 3. SUJEET KUMAR S/O BANARSI SAH R/O VILL. LOCCHI, P.S. HAVELI-KHARAGPUR, DIST. MUNGER A/P TRADEMANDI MOLAR ANUSHAKTI FUEL DIVISION, ANUSHAKTINAGAR, P.O ANUSHAKTINAGAR, P.S.TRAMBEY, MUMBAI. Versus THE STATE OF BIHAR ----------- 02 24.11.2008 Heard learned counsel for the petitioners and the State. Petitioners are accused in a case registered for the offences under Sections 323,498(A) of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act. It is submitted on behalf of the petitioners that the present complaint has been filed for ulterior purposes since on account of certain differences petitioner no.3 Sujeet Kumar filed a divorce case in the month of November, 2005 vide annexure-3. Thereafter in retaliation of the same the complainant filed a case under Section 498(A) against the petitioners in Mumbai vide Trombay P.S. Case No. 59/2006 on 23.02.2006 in which case the petitioner nos. 1 and 2 was allowed Anticipatory bail and petitioner no.3 was arrested who later on released on bail. After the above proceeding the present complaint has been filed for the same allegation. Submission is that the complainant as in the annexure-1 was alleged to harass the petitioner again although the 2 case for the same offence is pending in the trial court pursuant to the F.I.R. lodged in Mumbail Vide annexure-4. Considering the above, in the event of arrest or surrender within a period of four weeks from today, the petitioner nos. 1 to 3 namely Banarsi Sah, Mahadevi @ Mahadevi Devi and Sujeet Kumar are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- ( ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Jamui, in connection with Complaint Case no. 955 (c)/2006 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Sym ( Shailesh Kumar Sinha, J.)