IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4083 of 2010 1. BHIKHARI SINGH son of late Methur Singh 2. Shivendra Jha, son of Dinanath Jha Both are residents of vill.-Chhourahiya, P.S.-Sahiyara, Distt.-Sitamarhi------- --------------------------------------------------------------------------Petitioners. Versus THE STATE OF BIHAR ----------- 2. 3.3.2010 Heard learned counsel for the petitioners and the State. None can be allowed to misuse the privilege under section 498A of the Indian Penal Code and section 3 / 4 of the Dowry Prohibition Act as a weapon which is to defend a helpless lady. It appears that court’s are not vigilant to prevent this abuse by way of taking cognizance for false prosecution. Petitioners are villagers not relatives of the husband. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of communication of this order 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 Chief Judicial Magistrate, Sitamarhi , in connection with Sahiyara P.S. case no.80 of 2009 , subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J. )