IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1457 of 2009 JAI SHANKAR PRASAD @ CHUNNU Versus STATE OF BIHAR with Cr.Misc. No.11478 of 2009 1. YUGAL PRASAD SINGH 2. SHAIL DEVI Versus STATE OF BIHAR For the petitioners : Mr. Ajay Thakur, Advocate. For the informant ; Mr. Jagdish Prasad, Advocate. For the State : Mr. C. Jawahar, APP ----------- 4 23.04.2009 Heard both sides. Both the matter arise out of one police case being Desari (Sahdei O.P.) P.S. case no. 130/08 under sections 498A, 307, 406, 120B/34 of Indian Penal Code and section ¾ of Dowry Prohibition Act.. The husband, father-in-law and mother-in-law are the petitioners. As per allegation in the first information report, the informant was married to petitioner Jai Shankar Prasad on 24.6.2007. Soon thereafter the husband and other inmates of the matrimonial home started torturing her on account of non fulfillment of the demand of dowry. The further allegation is that there was an attempt to put her on fire. Counsel for the petitioners draws attention of the court to Annexure-2 which is a plaint lodged in the Family Court, Vaishali at Hajipur on 30.6.2008. Referring to the order sheet which is placed on record, it has been submitted that the same 2 indicates that on 30.6.2008, the complainant was lodged and on 15.7.2008, the same was admitted and the notices were issued. It is the contention of the petitioners that soon thereafter the present F.I.R. was lodged in retaliation. Counsel for the petitioners draws attention of the Court to the various paragraphs of the plaint in order to submit that it was a case of fraud in the matter of selection of girl. It is further contended that the girl on her own deserted the house few weeks after the marriage. It has further been contended that several witnesses have supported the case put forth by the present petitioners in the plaint lodged for divorce. Counsel for the informant on the other hand opposed the prayer It has been contended that effort was made to reconcile the issue in the Court below but the husband did not appear. Having considered the rival submissions and after looking to the records of the case, this court is of the view that a case for anticipatory bail has been made out on behalf of the petitioners.. In the event of arrest or surrender in the court below within a period of four weeks, the petitioners namely Jai Shankar Prasad @ Chunnu, Yugal Prasad Singh and Shail Devi 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 learned Chief Judicial Magistrate, 3 Vaishali at Hajipur in connection with Desarai (Sahdei O.P) P.S. case no. 130 of 2008 subject to the conditions as laid down under section 438(2) of Cr.P.C. pkj ( Kishore K. Mandal, J. )