IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40717 of 2008 1. DEVENDRA CHANDRA DEY S/O LATE NUTAN CHANDRA DEY 2. RANU CHANDRA DEY @ AALO DEY W/O DEVENDRA CHANDRA DEY BOTH R/O BARI DARIYAPUR, NEW COLONY, JAMALPUR, P.S.-JAMALPUR, DISTRICT- MUNGER. Versus STATE OF BIHAR ----------- 3 15/01/2009 Heard learned counsel for the petitioners and learned counsel representing the State. Counter affidavit has been filed by the counsel representing the complainant. The petitioners apprehend their arrest in a case which has been registered under sections 498A/34 of the Indian Penal Code. According to the allegation, the complainant was married in the year 1999 with Shibu Chandra Dey @ Dilip Dey son of the petitioners. Later on she was neglected. She had to file a case for restitution of her conjugal rights before the Family Court. The case was compromised but the agony of the complainant continued and she had to file a case when tortures become terse. Submission is that the petitioner no. 1 has retired from the service. His date of birth noted in the service book is of the year 1929. He has crossed the age of 80. The petitioner No. 2 was being wife of the petitioner no. 1 is also aged about not lest than 75 years. Further submission is that both the petitioners are at the fag end of their life. Prayer for bail of the petitioners has been opposed by the counsel appearing on behalf of the complainant. It has been submitted - 2 - that the complainant has been left on the road and she has no where to go. The petitioners are of advanced age and at this juncture it would not be proper to send them in custody. Considering the above facts, the petitioners above named are directed to surrender before the court below within three weeks from the date of receipt/production of a copy of this order and on their so surrendering they shall be enlarged on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Munger in connection with Complaint Case No. 1284C of 2007, subject to the condition as laid down under section 438 (2) of the Cr.P.C. However, the complainant shall be at liberty to move Family Court for redressal of her matrimonial problems. avin (Shyam Kishore Sharma, J.)