IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12214 of 2011 SHAMSUL HAQUE AND ORS. Versus THE STATE OF BIHAR ----------- 2. 19.4.2011. Heard learned counsels for the petitioners and the State. The petitioners being the family members of the husband of the victim are apprehending their arrest in a complaint case in which cognizance has been taken under Section 498A of the Indian Penal Code. There is accusation of demand of dowry and torture and for non fulfillment the same the complainant was driven away by the entire in-laws family. It is submitted by learned counsel for the petitioner that there was a dispute with regard to partition of the property for which a proceeding under Section 107 Cr.P.C. was going on between the parties and the present complaint has been filed as a retaliatory measure. It is further submitted that complainant is residing with the husband. Learned counsel for the State submits that in para 6 of the impugned order the Court has recorded that it was the father of the husband who was not allowing the husband of the complainant to appear before the Court. It appears surprising since the husband is not a minor boy. Let the learned Court below issue notice to the husband and the complainant and fix a date for their 2 appearance if they are residing together, then appropriate order in the matter should be passed but if the husband does not appear before the Court then learned Court below is at liberty to take all endeavor for appearance of the husband. Considering the aforesaid submissions and the fact that the thrust of allegation is against the husband, let the above named petitioners namely, 1. Shamsul Haque, 2. Abdul Kadir Khan, 3. Abdul Rajik Khan, 4. Hamid Raja Khan, 5. Lal Bibi, and 6. Raushan Khatoon, be released on provisional anticipatory bail for six months, in the event of their arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Pupari at Sitamarhi, in connection with Complaint Case No. C- 1-115 of 2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. Ibrar/- ( Dinesh Kumar Singh, J.)