Judgment 1. Heard learned counsel for the petitioners and the learned Additional Public Prosecutor representing the State of Bihar. 2. The petitioners apprehend their arrest in a case under sections 323, 379 and 498A of the Penal Code. 3. It is an admitted case of the complainant that she was married with the petitioner Dashrath Mandal 40 years back and they got two girl offsprings from them and as she could not bear a male child, they abused and did marpit. After five years of marriage petitioner no.1 contracted second marriage with petitioner no.2 Devatri Devi. Thus, as per complaint the second marriage took place 35 years back. It is further alleged that complainant in the night of 10.2.2007 found some foul smell in the food and suspected it to be mixed with poison. The next morning the petitioners inquired as to how she survived after eating poisonous food and they drove her away after snatching silver ornaments worth Rs. 15,000/- 4. Learned counsel for the petitioners submits that there is apparently no specific allegation in complaint that accused gave her poisonous food or coerced her to eat the same. It is further submitted that admittedly there is no allegation in respect of demand of dowry and both the daughters of the complainant have been married and she is living with one of the daughters/ sons-in-law and the instant complaint has been filed by her at the instance of her daughter and son-in-law only to extract some more money from the petitioner. 5. Power of issuance of summons is conferred to the Court where prima facie some materials appears against the accused and the same is not to be exercised in a mechanical and routine manner. A court must be careful in examining the accusation, moreso, when the allegation is under sec. 498A IPC and made after 40 years of marriage. The instant case is an example of the extent to which a case u/s 498A IPC can be stretched. In the case, in hand a person who would be in the age group of grand father is being prosecuted as a husband. 6. In the facts of the case, let the petitioners as mentioned earlier be released on bail in case they surrender within six weeks from today on their furnishing bail bond of Rs. In the case, in hand a person who would be in the age group of grand father is being prosecuted as a husband. 6. In the facts of the case, let the petitioners as mentioned earlier be released on bail in case they surrender within six weeks from today on their furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Katihar in Case No. CA 339 of 2007.