IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42145 of 2008 1. MANAGER DEVI 2. REKHA KUMARI Versus THE STATE OF BIHAR ----------- 2/ 20/11/2008. Heard learned counsel for the petitioners and learned counsel for the State. The petitioners apprehend arrest in a police case under Sections- 498A and 304B of I.P.C. and 3/4 of D.P. Act. The submission is of false implication when the F.I.R. does not mention the date of marriage, but is suggestive of a recent marriage where harassment was being done for recent two years. The fact of the matter is that the marriage was solemnized 16 years ago. Two children were born from the marriage who are presently 9 and 7 years making Section-304B of I.P.C. inapplicable on the face of it. The deceased committed suicide for reasons of differences with her husband. Having considered the facts and circumstances of the case, let the petitioners above named surrender before the court below within four weeks when they shall be enlarged on anticipatory bail upon furnishing the bail- bonds of Rs.10,000/- (ten thousand) each along with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Chapra, Saran in Kopa P.S. - 2 - Case No.33/08, subject to the conditions laid down under Section-438(2) Cr.P.C. Should the submission of a marriage of 16 years ago with two children aged 9 and 7 years presently from the same be found incorrect during the course of investigation, the prosecution shall be at liberty to seek warrants of arrest before the court below which shall be dealt with in accordance with law, without being prejudiced by the present order. KC ( Navin Sinha, J )