IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44407 of 2009 MD.AKBAR @ AKBAR, MD.IDRIS AND JHAMMO KHATOON @ JAMILA KHATOON Versus STATE OF BIHAR 2 22.2.2010 KHAN Heard counsel for the petitioner and the State. The petitioners apprehend their arrest in a case under sections 498A, 323, 379/34 of the Penal Code. Learned counsel for the petitioners submits that petitioner no.1 filed a petition dated 4.3.2006 before the Chief Judicial Magistrate, Madhubani regarding the conduct of the complainant. He submits that the complainant did not want to stay with the petitioners and as such Panchnama dated 3.11.2008 was also executed by the parties. The complainant was not even willing to keep her three children born from their wedlock. He further submits that at the instigation of some interested person, the instant case has been filed by her. In the facts and circumstances of the case, the petitioner nos.2 and 3 namely Md. Idris and Jhammo Khatoon @ Jamila Khatoon are directed to be released on anticipatory bail, in the event of their arrest/surrender, within six weeks, in connection with T.R.No.3305 of 2009 arising out of C.R.No.47 of 2009 on furnishing bail bonds of Rs.5,000/-each with two sureties of the like amount each to the satisfaction of Shri S.Singh, Judicial Magistrate, Madhubani or his successor. So far as petitioner no.1 Md.Akbar @ Akbar is concerned, his prayer for anticipatory bail is rejected. However, if petitioner no.1 surrenders and pray for regular bail that would be disposed of preferably on the same day, after taking into consideration the Panchnama and other documents executed by the parties. (S.P.Singh,J) 2