IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.44203 OF 2008 1. SANTOSH KUMAR CHAUHAN @ SANTOSH CHAUHAN SON OF BUDHU CHAUHAN 2. INAR DAIYA DEVI, WIFE OF BUDHU CHAUHAN 3. BUDHU CHAUHAN, SON OF LATE SIJIT CHAUHAN 4. MOSTMAT BIMAL DEVI, WIFE OF LATE DEVANANT CHAUHAN ALL RESIDEN T OF JALALGARH, POLICE STATION JALALGARH, DISTRICT PURNEA ………………………………………………………………………….PETITIONERS VERSUS 1. STATE OF BIHAR 2. MEENA DEVI, WIFE OF SANTOSH C HAUHAN, DAUGHTER OF SRI RAM NATH CHAUHAN, RESIDENT OF GOPALPUR MAJHUA POLICE STATION FORBESGANJ, DISTRICT ARARIA. ………………………………………………………………………..OPPOSITE PARTIES ******** 2 12.12.2008 Heard the parties. Offences alleged are under Section 498A of the Indian Penal Code. The allegation is for non-fulfillment of demand of dowry, the petitioners used to commit cruelty over her by different forms. It is further alleged that the petitioner no. 1 started having illicit relations with the petitioner no. 4 who is the widow of his elder brother and the same being objected, she used to be further tortured by the petitioners specially petitioner nos. 1 and 4. It is submitted on behalf of the petitioner that the allegation are absolutely false since the petitioner no. 4 is the widow of his elder brother as such it was the bounden duty of the petitioner no. 1 to look after her. The learned A.P.P. submits that so far as the - 2 - petitioner nos. 2 and 3 concerned, there is no specific allegation against them. Considering the facts and circumstances of the case, in the event of arrest/surrender before the Court below within a period of four weeks, the petitioner nos. 2 and 3, namely, Inar Daiya Devi and Budhu Chauhan are directed to be released on bail in Complaint Case No. 224 C of 2007 on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Araria. As regards the petitioner nos. 1 and 4, namely, Santosh Kumar Chauhan @ Santosh Chauhan and Mostmat Bimal Devi are concerned, I am not inclined to allow their anticipatory application to them and accordingly, their prayer for grant of anticipatory bail is hereby rejected. On surrender, if any application for bail is filed, the Court below would consider on its own merit in accordance with law without being prejudice by the present order. Anand ( Shailesh Kumar Sinha, J.)