IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5002 of 2010 MALA DEVI, WIFE OF OM PRAKASH GUPTA, RESIDENT OF VILLAGE- BARUA NAWADA, P.S. - RAGHUNATHPUR, DISTRICT-SIWAN. VERSUS STATE OF BIHAR ----------- 2. 18.03.2010 Heard the parties. The petitioner apprehends her arrest in connection with complaint case No. 796 of 2009/Tr. No. 4047 of 2009 under Sections 420, 406 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The complainant’s case is that he had settled the marriage of his daughter with the son of the petitioner who is serving in Indian Navy and that a sum of rupees 1, 50, 000/- was paid in case and further 50, 000/- was spent in engagement ceremony. The complainant further alleged that the petitioner did not marry the complainant’s daughter and he performed marriage with another girl. The learned counsel for the petitioner submits that co- accused Shyam Kumar @ Shyam Kumar Gupta, the son of the petitioner, has been allowed anticipatory bail by a Bench of this Court vide order dated 4.2.2010 passed in Cr. Miscellaneous No. 263 of 2010 subject to the condition that the petitioner will pay a sum of rupees one lakh to the complainant through bank draft. The leaned counsel submits that the petitioner is the mother of Shyam Kumar @ Shyam Kuamr Gupta with whom the marriage is said to have been settled and who has already been allowed anticipatory bail. The petitioner is said to be an old lady. - 2 - The learned counsel for the complainant submitted that in this case the trial court had issued bailable warrant against the petitioner. Hence anticipatory bail is not maintainable. The learned counsel for the petitioner replied that since the offences are non-bailable, the petitioner apprehends that he may be subsequently arrested. In the facts and circumstances of the case, the petitioner, Mala Devi, in the event of her arrest/surrender before the court below within a period of two weeks, is admitted to anticipatory bail on furnishing bail bond of Rs. 10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Gopalganj, in complaint case No. 796 of 2009/Tr. No. 4047 of 2009 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (C.M. Prasad, J.) Ravi/-