IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12575 of 2009 MOJAHIR HUSSAIN & ANR. Versus STATE OF BIHAR & ANR. ----------- 02/ 16.06.2009 Heard learned counsel for the petitioners and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioners, who are accused for offence punishable under section 498A of the Indian Penal Code. Learned counsel for the petitioners submits that the complainant is a greedy lady and she is in the habit of filing such cases and earlier she had filed a case bearing Case No.853C of 2004 for offence under section 498A of the Indian Penal Code against same accused persons in which her father-in-law gave 14 decimals of land by registered sale deed, whereafter the said case was compromised. Learned counsel for the petitioners further submits that thereafter she along with her father and other relatives started giving threats for more lands due to which the father of petitioner no.1 filed informatory petition in the court of learned S.D.M., Araria. Learned counsel for the petitioners also avers that in retaliation the complainant has again filed a case with similar allegations against all the accused persons. Learned counsel for the petitioners further contends that petitioner no.1 is the husband of the complainant, whereas petitioner no.2 is the second wife of petitioner no.1. Considering the facts and circumstances of this case as 2 well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, the petitioners, namely Mojahir Hussain and Bibi Mosarrat shall be released on bail on furnishing bail bonds of Rs.10,000.00 (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Shri A. Kumar, Judicial Magistrate, 1st Class, Araria in connection with Case No.94C of 2006 subject to the conditions as laid down under section 438 (2) of the Code of Criminal Procedure. harish/ ( S.N.Hussain, J)