IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1890 of 2009 1. VIJENDRA KUMAR SINGH @ Sablu son of Sri Dinanath Singh 2. Gyanendra Kumar Singh alias Papalu son of Sri Dinanath Singh. 3. Dinanath Singh ( D.N. Singh ) son of Rameshwar Singh 4. Indubala wife of Sri Dinanath Singh All resident of Mohalla- Bir Kuwar Singh Colony, P.S. Hazipur Town, District-Vaishali. Versus 1. STATE OF BIHAR 2. Priyadarshini alias Bulbul wife of Raghvendra Kumar Singh alias Bablu resident of Mohalla-Bir Kunwar Singh Colony, P.S. Hazipur Town, District- Vaishali at present D/0 Sri Kameshwar Kumar Singh, resident of Mohalla- Laxmipur, Main Road, Raxaul, P.S. Raxaul, District-East Champaran (Motihari). With Cr.Misc. No.8932 of 2009 RAGHWENDRA KUMAR SINGH @ RAGHVENDRA KUMAR SINGH alias Babloo, son of Sri Dinanath Singh, resident of Mohalla- Bir Kunwar Singh Colony, Police Station Hazipur Town, District-Vaishali. Versus 1.THE STATE OF BIHAR 2. Priyadarshini alias Bulbul wife of Raghvendra Kumar Singh alias Bablu, resident of Mohalla- Bir Kunwar Singh Colony, Police Station Hazipur Town, District- Vaishali at present daughter of Sri Kameshwar Kumar Singh, resident of Mohalla- Laxmipur, Main Road Raxaul, Police Station, Raxaul, District- East Champaran (Motihari). ----------- 3. 24.4.2009 Heard learned counsel for the petitioners in both the applications, learned A.P.P. for the State and learned counsel for the informant. The petitioners pray for anticipatory bail in a complaint case under Sections 406, 420, 498A, 328 of the Indian Penal Code and ¾ of the Dowry Prohibition Act. Learned counsel for the petitioners submits that the allegations made in the complaint are of a general and omnibus nature and have been made almost immediately after the marriage had taken place on 6.7.2007, whereas the complaint has been filed on 8.9.2008. It 2 is also submitted that the allegation about making an attempt on the life of the child in womb appears to be wholly concocted in view of the fact that the child was subsequently born on 7.4.2008. Learned counsel for the husband-petitioner has also produced a photograph showing that the husband and parents had, in fact, attended the Chhathi and also such allegations are false. Learned counsel for the petitioner also states that by omnibus allegations, an attempt has been made to falsely implicate all the family members and others in this case and even a 90 years old Nani as also maternal uncle of the husband have not been spared and both of them have been granted anticipatory bail by this Court by order dated 9.2.2009 passed in Cr. Misc. No.93/2009. It is also submitted by learned counsel for the husband- petitioner that the Sub-divisional Judicial Magistrate, Raxaul at Motihari does not have any jurisdiction to entertain a complaint, as no part of cause of action had arisen at Raxaul. Learned counsel for the complainant, on the other hand, submits that it is a case where the parents of the complainant were misled by false statement made before the marriage that the husband of the complainant was working as the Chief Executive Officer in a private company, whereas after the marriage it was discovered that he was merely a Sales Manager in a company known as Met Life Insurance Company. It is further submitted that the behaviour of the accused persons was so bad that the complainant was driven to commit suicide but ultimately, she did not do so. Only because of the extreme 3 torture made to her and the attempt to abort the child in womb and threat held out to her and on being thrown out of the matrimonial home she had to go back to her parents in Raxaul where she has delivered a child which shows that she was driven out from her matrimonial home. On a consideration of the entire facts and circumstances of the case, it is directed that the petitioners (1) Vijendra Kumar Singh alias Sablu, (2) Gyanendra Kumar Singh alias Papalu and (3) Dinanath Singh ( D.N. Singh ) and (4) Indubala in the event of their arrest or surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the S.D.J.M, Raxaul at Motihari (East Champaran) in connection with Complaint Case No. 299/2008 ( T.R. No.2722/2008 So far as the prayer for anticipatory bail of Raghwendra Kumar Singh alias Raghvendra Kumar Singh alias Babloo is concerned, the same is rejected. However, the rejection of prayer for anticipatory bail shall not prejudice him, if he surrenders and prays for bail in the court below. VPS ( Ramesh Kumar Datta,J.)