IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25530 of 2009 1. BHANU PRAKASH SRIVASTAV, SON OF KALINDI SRIVASTAV. 2. MALTI SRIVASTAV, WIFE OF BHANU PRAKASH SRIVASTAV, BOTH R/0 VILLAGE- BAULI (WARI TOLA AGHORE SEWA SADAR AASHRAM DALA, P.S.-CHOPAN, DISTRICT-SONBHADRA (U.P.). ……….Petitioner. Versus 1. THE STATE OF BIHAR. 2. MADHURI SHRIVASTAVA, WIFE OF LATE AMIT SHRIVASTAVA @ MITHLESH SRIVASTAVA, RESIDENT OF BALI (BARI) TOLA AGHOR SEVA SADAN ASHRAM, P.S.-CHOPAN, DISTRICT- SONABHADRA U.P. R/O VILLAGE –EKAUNI, P.S.-CHAND, DISTRICT-KAIMUR, BHABUA. …………Opposite Parties. ----------- 25.03.2011 Heard learned counsel for the petitioner and the State. The offence alleged is under Sections 498(A), 406 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. It is submitted that the petitioners are the father- in-law and mother-in-law of the opposite party no.2. The husband of the opposite party no.2 died soon after about seven month of the marriage. It is submitted on behalf of the petitioner that the petitioners have no issue and as such according to their financial resources are eager to keep the opposite party no.2 as their daughter-in-law and shall further take care of her reasonable financial expenses including the study. The learned counsel appearing for the opposite party no.2 submits that the widow has also no other resources to maintain her and as such she is prepared to 2 live with the petitioners provided they maintain her properly as per the status of the family. Learned counsel appearing for the opposite party no.2 submits that the petitioners had promised to pay sum of Rs.80,000/- which she incurred for the purpose of education. The counsel for the petitioner submits that petitioners never made any promise to pay the aforesaid sum of Rs.80,000/-. Considering the submission of the parties, the petitioners above named in the event of their arrest or surrender in connection with Bhabua Complaint Case No.228 of 2009 within a period of four weeks from today be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Kaimur at Bhabua in connection with Bhabua Complaint Case No.228 of 2009 subject to the condition as laid down in sub-section (2) of Section 438 of the Code of Criminal Procedure. It is, however, made clear that in case petitioners fail to abide by their promises, it will open for opposite party no.2 to make an application for cancellation of their bail. PN ( Shailesh Kumar Sinha, J.)