JUDGMENT

Virender Singh, J. - Jaswinder Singh Jaryal and his mother Nirmal Kumari, the petitioners herein are seeking anticipatory bail in a case FIR No. 18 dated 5.2.2003 under sections 498-A and 406 Indian Penal Code registered in Police Station Mahilpur, District Hoshiarpur. It may be mentioned here that the co-accused of the present petitioners namely Poonam Kumari, Vijay Rana, Sushil Kumari and Davinder Singh are on regular bail.

2. Jaswinder Singh is the husband of Tejinder Kaur complainant whereas Nirmal Kumari is the mother-in-law. I need not go into detailed discussion so far as the facts of the present case are concerned. The only controversy before this Court is as to whether the present application under section 438 Criminal Procedure Code in the present form in maintainable or not.

3. The flash back of the present case is that Jaswinder Singh petitioner No. 1 initially moved an application for anticipatory bail before the Sessions Court Hoshiarpur in which notice was issued to the State vide Annexure P/2. The said application was then disposed of vide Annexure P/3 order dated 24.3.2003. The said order read as under :-

"Heard. The offences under section 498-A/406 of Indi