IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12156 of 2010 1. KUNDAN SINGH S/O SHRI SANT SAGAR SINGH 2. KUMOD DEVI WIFE OF SHRI SANT SAGAR SINGH 3. SANT SAGAR SINGH SON OF SIYA RAM PRASAD SINGH, ALL RESIDENTS OF ALOULI, P.S. ALOULI, DISTRICT KHAGAIRA. – PETITIONERS. Versus STATE OF BIHAR—OPP. PARTY. ----------- For the petitioners : Mr. S.D. Sanjay, Adv. For the State : Mr. Navin Kumar Pandey, A.P.P. ----- 2/ 04.05.2010 Heard the parties. In a criminal prosecution, for offence under section 498A of the Indian Penal Code, the petitioners are in-laws of the complainant, Sunita Devi. There are general and omnibus allegations of demand of dowry and torture against all the accused persons, including the petitioners. However, the main allegation of demand and torture is against Abhimanyu Singh, who happens to be the husband of the complainant. It is submitted on behalf of the petitioners that as a matter of fact, co-accused Abhimanyu Singh @ Abhimanyu Kumar, filed a matrimonial suit, vide Annexure-2 on 04.05.2009 seeking divorce in terms of section 13 of the Hindu Marriage Act and after coming to know about that case, in retaliation the present complaint case, vide Annexure-1, was filed on 17.06.2009. It is further highlighted that in the aforesaid matrimonial suit learned Principal Judge, Family Court, Khagaria had made - 2 - endeavour for restitution of matrimonial relation between the parties but the complainant refused to live with her husband. The order passed by the learned Principal Judge, Family Court, Khagaria, has been brought on record, vide Annexure-3. Taking into consideration the aforesaid facts and circumstances, particularly the petitioners being the in-law of the complainant and the matrimonial suit by the husband of the complaint, vide Annexure-2, was filed earlier, in the event of their arrest or surrender in the court below within a period of four weeks from today, let the above named petitioners be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Complaint Case No. 762 ( C ) of 2009, subject to the conditions as laid down under section 438(2) of the Cr.P.C. ( Birendra Prasad Verma, J ) BTiwary/