IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35515 of 2010 MD.SHAFIQUE & ORS Versus STATE OF BIHAR ----------- 2 16.11.2010 Heard learned counsel for the petitioners as well as learned counsel for the state. Admittedly, except petitioner No. 12, all the petitioners are in-laws of the complainant. It appears that earlier, Manigachhi P.S. Case No. 80 of 1999 was filed by the complainant against her husband and petitioner Nos. 4 & 5 who happen to be father-in-law and mother-in-law of the informant respectively. The aforesaid Manigachhi P.S. Case No. 80 of 1999 was ended into acquittal on account of compromise and it appears that a bond was executed on behalf of the accused persons of the aforesaid case. Allegedly petitioners did not change their behaviour and the complainant was again subjected to cruelty. It appears from perusal of impugned order of learned Sessions Judge that the prayer for anticipatory bail of these petitioners was rejected only on the ground of their non-appearance before the learned trial court. But Annexure-2 the order-sheets of the above-said case reveals that neither any notice nor any process was ever served upon the petitioners. Considering the aforesaid facts and circumstances, this anticipatory bail petition is allowed. In 2 the event of arrest/surrender within 30 days from receipt of the order, the petitioners, namely, Md. Shafique, Md. Rafique, Md. Chhotu, Md. Majid, Phulia Khatoon, Md. Usman, Md. Taslim, Gulshan Khatoon, Md. Gulfam @ Gulfam, Samina Khatoon @ Samo Khatoon, Momina Khatoon and Abdul Sultan shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Complaint Case No. 849 of 2002 to the satisfaction of Sub Divisional Judicial Magistrate, Darbhanga subject to condition as laid down u/S 438(2) of the Cr.P.C, AKV/- ( Hemant Kumar Srivastava,J.)