IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26060 of 2009 SMT.KALAWATI DEVI, Wife of Sri. Tarkeshwar Singh, Resident of House No. 1506, Ward No. 19, Near Arthala Mith Kuan, P.S.-Sahibad, District- Gaziabad(U.P). ……..Petitioner Versus The State Of Bihar …….Opposite Party ----------- 02. 10.09.2009 Petitioner apprehends arrest in Andar P.S. Case No. 22 of 2005 registered under Sections 498(A), 302, 307, 323, 504, 506, 120B of the Indian Penal and Section ¾ of the Dowry Prohibition Act. It appears that on or about 28.01.2004 a complaint was lodged by Sunita Devi at Gaziabad in the State of UP inter alia alleging that she was married to Ashok Kumar Singh in the year 1996 and a son was born on 28.11.2001. The husband thereafter deserted her and she was mistreated by her in-laws. It is then stated that this petitioner who is the mother-in-law of the complainant mixed poison in the milk of her child because of which her only child died at their village Aander in the District of Siwan. It appears, on this complaint being filed at Gaziabad a copy was made over to the Superintendent of Police Gaziabad who sent the same to the Superintendent of Police, Siwan who directed for institution of a case at - 2 - Siwan. On basis of the said complaint this has given rise to the present case. On behalf of the petitioner, it is submitted that from the complaint which has now been registered as F.I.R., it is apparent that the parties in fact resided at Gaziabad. It does not reveal that for seven years of marriage there was any dispute or demand of dowry. When it comes to stating about the death of the son of the complainant/informant no date is even mentioned in regards thereto and it does not mention why if death had taken place in the District of Siwan why no steps were taken in the District of Siwan to immediately institute a complaint or F.I.R. Why subsequently at Gaziabad such a complaint is lodged. Apart from this, it is stated that the complaint having been lodged, there being a pending complaint to the Crime Against Women Cell, P.S. Sarai Rohilla, Delhi in which the complainant and her father in their own handwriting had given applications stating that the matter had been shorted out. The father of the complainant also gave in writing that in fact the child had died of illness. Be that as it may, considering the fact that petitioner is a lady, in the facts and circumstances, let the petitioner namely Smt. Kalawati Devi, in the event of her arrest or surrender before the Court below within a period of four weeks from today, be released on Anticipatory bail - 3 - on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Andar P.S. Case No. 22 of 2005 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Shageer (Navaniti Prasad Singh, J)