IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53068 of 2007 1. Chandrama Pandey, Son of Ram Najar Pandey. 2. Poonam Pandey, wife of Chandrma Pandey. Both resident of Village Pandey Patti, Police Station Buxar (M), District Buxar. ------- Petitioners Versus 1. The State of Bihar. 2. Kishun Kumari Devi, Wife of Sri Ram Chaubey. Resident of Village Pandey Patti, Police Station Buxar (M), District Buxar. --------- Opposite Parties ----------- 3 14.9.2009 Heard Mr. Ram Suresh Rai, learned senior counsel for the petitioners. Admittedly, on reading of the complaint petition as also the materials collected in course of enquiry under Section 202 of the Code of Criminal Procedure, if the court below has come to a prima-facie satisfaction of constituting the offences for which it has taken cognizance under the impugned order, this Court will not go into the defence of the petitioners which is being sought to be apprised by Mr. Rai to show that it was a malafide prosecution. That being so, the present case being a complaint case and that too triable by way of warrant case, the petitioners are directed to appear before the court below. As the 2 petitioner no.2 is a lady, this Court would direct the court below to grant bail to the petitioner no.2, namely, Poonam Pandey on the very first day. The petitioner no.1 will of- course make prayer for his bail and the court below considering the fact that this complaint petition has remained pending for almost two years, it would pass an order on merit but without drawing any adverse inference for the delayed appearance of the petitioner no.1. The court below, thereafter, would proceed to examine the witnesses before framing charge and if on that stage, the petitioners would file an application for their discharge, the same will be considered and decided in accordance with law. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)