IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6975 of 2009 1. MOHAMMAD ASLAM, son of Md. Dilawar 2. Kaimun Khatoon @ Sabina Khatoon, wife of Mohammad Aslam Both residents of village-Pakhnaha Malahi Tola, P.S.-Bairia, District-West Champaran------------------------------Petitioners. Versus STATE OF BIHAR ----------- 2. 1.4.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that petitioner no.l is father of the husband, who is from his first wife. For family differences to grab the family property in conspiracy with the husband this case has been lodged without arraying the husband as accused. So, petitioners’ arrest cannot be justified. I agree with the submission of the learned counsel. Accordingly, in the event of arrest or surrender within one month from today in S.C. case no.385 of 2008 arising out of Complaint Case no.39-C of 2007, the above named 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 the Sub-Divisional Judicial Magistrate, Bettiah, West Champaran , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )