IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41515 of 2008 JHANENDRA NATH LAL & ANR Versus THE STATE OF BIHAR For the Petitioners:- Mr. Amitesh Kumar Singh, Advocate and Mr. Raghunath Singh, Advocate For the State:- Mr. Parmeshwar Mehta, A.P.P. ----------- 02 26.09.2008 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are facing prosecution under Sections 386 and 120B of the Indian Penal Code. Learned counsel for the petitioners submits that there has been inordinate delay in filing of the complaint case. Alleged occurrence as described in the complaint petition is 28.5.2007, whereas the complaint was filed on 16.7.2007. That apart, it is submitted that there is a Matrimonial Case No. 98 of 2006 filed by the husband of petitioner No.2 (son of the complainant), which is pending before the Principal Judge, Family Court, Purnea for dissolution of marriage. It is further submitted that there are series of litigations between the parties which is apparent from Annexures- 4, 5, 6, 7, 8 and 9 etc. Further submission is that this litigation is counter blast to the aforesaid cases, one of which has been filed by the petitioner No.2 herself against her husband bearing Lalpur P.S. Case No. 80 of 2007 dated 15.6.2007. Learned counsel for the State submits that the allegation is of taking signature falsely on the blank paper. - 2 - Having regard to the submissions made on behalf of the parties and in the facts and circumstances of the case petitioners namely Jhanendra Nath Lal and Vijaya Vaidehi, in the event of arrest of surrender in the court below within six weeks from the date of receipt of a copy of this order, shall be enlarged 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 learned Sub-Divisional Judicial Magistrate, Purnea in connection with Complaint Case No. 1667 of 2007 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. P.K. (Dr. Ravi Ranjan, J.)