IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35939 of 2011 1. Sushil Kumar Sah, Son of Late Sita Ram Sah, resident of village-Pansalwa, P.S.-Beldour, District-Khagaria, at present resident of village-Dibra Bazar, P.S.-Barhara Kothi, District-Purnia. 2. Shabnam Kumar @ Kumari Shabnam, D/o Sri Ashok Sah, resident of village-Dibra Bazar, P.S.-Barhara Bazar Kothi, District-Purnia. Versus 1. The State of Bihar. 2. Sanyukta Devi, Wife of Sushil Kumar Sah, D/o Saneshwar Kumar Sah @ Ratnesh Kumar Saha, resident of village-Chhoti Gopalpur, P.O-Sabour, P.S.-Zero Mile, District-Bhagalpur. ------------- 2 25.10.2011 Heard learned counsel for the petitioners and learned counsel appearing for the State. The petitioners apprehend their arrest in connection with a case registered for the offence under Sections 498 (A)/34 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act. It is stated on behalf of petitioner no. 1 that admittedly the marriage in question was performed in the year 2000 and the present case has been filed in the year 2011. The complainant has deserted her matrimonial house and is not ready to continue matrimonial relationship with her husband. Finding no way out, petitioner no. 1 field an application under Section 13 (i) (b) of the Hindu Marriage Act, seeking a decree of divorce being Matrimonial Case No. 176 of 2010 in the court of Principal Judge, Family Court, Purnea. The informant has instituted this case subsequently when she came to know about filing of the divorce case. It is submitted on behalf of petitioner no. 2 that she being not related to the husband of the informant in any manner is 2 not liable to be prosecuted either for the offence under Section 498(A) of the Indian Penal Code or for the offence under Sections 3 and 4 of the Dowry Prohibition Act. Considering the aforesaid submissions and facts and circumstances of the case, let the petitioners, namely (i) Sushil Kumar Sah and (ii) Shabnam Kumari @ Kumari Shabnam in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnia in connection with Barhara P. S. Case No. 33 of 2011 subject to the conditions as laid down under Section 438(2) Cr. P.C. Sanjeet/ (Ashwani Kumar Singh, J.)