IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30667 of 2010 1. Ashish Ojha @ Ashish, 2. Vijay Ojha, 1 and 2 son of lalta Prasad Ojha. 3. Lalta Prasad Ojha @ Lalita Ojha, son of late Sheo Mangal Ojha. 4. Smt. Basanti Ojha wife of Lalta Prasad Ojha, All resident of village – Mathia, P.S. – Itarhi, District – Buxar, At present V.M. 93, Sukhalia Indore, Madhya Pradesh. --------- Petitioners. Versus THE STATE OF BIHAR ----- Opposite Party. ------- 03. 05.10.2010 Heard learned counsel for the four petitioners, learned counsel for opposite party no.2 and learned Additional Public Prosecutor for the State. Supplementary affidavit has been filed on behalf of the petitioners and counter affidavit has been filed on behalf of opposite party no. 2. Petitioners are named accused in this case respectively being husband and in-laws of the informant carry allegation of demand of dowry, torture etc. There is one Matrimonial Suit bearing no. 525/2008 pending before Principal Judge, Family Court, Indore, seeking dissolution of marriage and decree of divorce filed by petitioner no.1 against his wife the informant. The petitioners, no doubt, had filed an application before Madhya Pradesh High Court, but the same has been dismissed as withdrawn, true it is, that this fact also should have been mentioned in para 2 of the application - 2 - which is missing, but appears rectified by filing supplementary affidavit along with copy of order of the Madhya Pradesh High Court, prior to filing of present application. The petitioners admit that though there is Matrimonial proceeding pending but neither there is any order under Section 24 of the Hindu Marriage Act or Section 125 of the Criminal Procedure Code nor any such attempt has been made on behalf of informant. The husband petitioner no.1 after completing the B.C.A. (Bachelor of Computer Application) is employed in a private company at Indore. Considering the facts and circumstances on filing of an undertaking and begin with payment of Rs. 6,000/- per month by way of ad interim maintenance subject to order of the competent courts on the point. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioners, namely, Ashish Ojha @ Ashish, Vijay Ojha, Lalta Prasad Ojha @ Lalita Ojha and Smt. Basanti Ojha, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial - 3 - Magistrate, Buxar, in connection with Industrial Area Buxar Police Station Case No. 23 of 2010, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to the husband petitioner no.1 to attend the court regularly till disposal of the case, in case of failure on three consecutive dates, and single default in payment of the amount so ordered, the privilege granted to all the petitioners shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)