IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9245 of 2009 1. VIJAY PRASAD 2. NIRMALA DEVI ----- petitioners Versus STATE OF BIHAR With Cr.Misc.12082 of 2009 AJAY PRASAD ALIAS KRISHNA PRASAD ---- petitioner VERSUS THE STATE OF BIHAR AND ANR. ===== 2 13.4.2009 Heard learned counsel for the petitioners and the State. Both the applications for anticipatory bail have been heard together as they arise of Complaint Case no. 971 of 2008. The submission of learned counsel for the petitioners is that marriage was of the year 1992. The complainant has three children from her husband. Torture was caused due to husband’s having illicit relation with wife of Vijay Prasad, one of the petitioners. The wife is also the petitioner. That was probable if Vijay Prasad’s wife and husband have only concern with the torture but Vijay Prasad has also been shown as promoter of the relation. In my view, the allegation leveled against all the family members do not justify their arrest at the moment. Accordingly the prayer for bail is allowed. In the facts and circumstances of the case, in the event of arrest or surrender within one month from today in - 2 - Complaint Case No.971 of 2008, Tr.no. 1615 of 2008, the above named three petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Gaya, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI