IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12348 of 2009 1. SANTOSH KUMAR SINGH,son of late Brahmdeo Singh 2. Pushpa Devi,wife of Santosh Kumar Singh Both residents of village-Larua, P.S.- Tajpur(Halai O.P.),District-Samastipur. Versus STATE OF BIHAR ----------- 02/ 22-04-2009 Heard learned counsel for the petitioners and the State. I find that it is a case of misuse of the offence under Section 498A of the Penal Code as the informant married according to her ten years ago. She was mother of two children. Her husband married another girl, then she became helpless and it is said that these petitioners along with cousin father-in-law asked the informant for bringing Rs.25,000/- if she was intending to reside in their house. Husband has already been allowed bail by the lower court but it appears that it is a case in which neither the Judicial Magistrate, nor the Sessions Judge has applied his mind at all if any offence is made out or not and if made out whether can be taken for refusal of bail, but in any case, there can be no justification at all about petitioners’ arrest. I agree with the same. In case of arrest or surrender within one month from today in Tajpur P.S.Case No.115 of 2008, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )