IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.20219 of 2009 BIBI PAYA, Wife of Md. Ali Raja, Resident of Village- Rangpur, P.S.- Dhamdaha, District- Purnea. . . . . . Petitioner. Versus STATE OF BIHAR ----------- 2/ 17.07.2009 Heard learned counsel for the petitioner and the State. I find that the allegation levelled in the First Information Report not constituted offence under Section 498 A of the Indian Penal Code, as it is alleged that earlier in the year 2000 a case was filed on behalf of the informant, which was compromised after assurance of the accused persons to transfer one Kattha of land and Rs. 25,000/- cash in her name, apart from maintenance of the informant along with her daughter, which was not fulfilled. When the matter was raised, she was assaulted and ousted from the house. Petitioner is second wife, who has no concern with the demand made by the husband and otherwise differences which are bound to happen in between two wives can never justify the petitioner’s arrest. Having regard to the facts and circumstances, in the event of arrest or surrender within one month from the date of receipt / production of a copy of this order, the above named petitioner shall be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Purnea in connection with Dhamdaha (Mirganj) P.S. case no. 135 of 2004, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. Uday/ (Mandhata Singh, J.)