IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16059 of 2009 1. GANESH MAHTO @ GANESHI MAHTO,S/o late Bangali Mahto, 2. Kalawati Devi,W/o Ganesh Mahto @ Ganeshi Mahto, Both are resident of village-Lohari Bind Tola,P.S.-Dandkhora,District-Katihar. Versus STATE OF BIHAR with Cr.Misc. No.16693 of 2009 SUBODH KUMAR MAHTO,S/o Sri Ganeshi Mahto @ Ganesh Mahto,resident of village-Lohari, Bind Tola, P.S.-Dand Khora,District- Katihar. Versus 1. THE STATE OF BIHAR 2. Parmita Devi,W/o Subodh Kumar Mahto, D/o Sri Khushi Lal Singh,resident of village-Durgapur,Kushwaha Tola,P.S.- Barari,District-Katihar. ----------- 02/ 13-05-2009 As both these cases arise out of the same complaint case number, they are heard together. Allegation is about demand of dowry and causing of cruelty due to its non-fulfilment, for which submission of the learned counsel for the petitioners is that marriage is near about seven years ago and complainant is not ready to reside with in-laws, rather she is residing with her parents and making false allegation to pressurize otherwise all the family members have been made accused in the case. For petitioners of Cr.Misc.No.16059/2009, it is said that they are father-in-law and mother-in-law having no concern with the differences of the wife and husband, which appeared in a suit for restitution of conjugal right filed by the husband of the complainant. For petitioner of Cr.Misc.No.16693/2009, demand is doubted specifically on the 2 ground of allegation to get transferred 10 Kathas of land to the complainant’s parents village. In my view also for the differences of wife and husband, father-in-law and mother-in-law may not be refused anticipatory bail while husband is solely responsible for the affairs of the wife. Suit for restitution of conjugal right, which has been filed much after filing of the complaint case, can never be taken a defence entitling the husband for anticipatory bail. Accordingly, prayer for anticipatory bail of the husband (petitioner in Cr.Misc.No.16693 of 2009) is rejected and that of father- in-law and mother-in-law (petitioners in Cr.Misc.No.16059 of 2009) is allowed. In case of arrest or surrender within one month from today in C.A. No.776/2008, the above named petitioners in Cr.Misc.No.16059 of 2009 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 Sub-Divisional Judicial Magistrate, Katihar, subject to the conditions as laid down under sub- section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )