IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45657 of 2008 ARUN PANDEY @ ARUN KUMAR PANDEY SON OF LATE RAJENDRA PANDEY RESIDENT OF VILLAGE BANGRA,P.S.SUGAULI,DISTRICT EAST CHAMPARAN Versus STATE OF BIHAR ----------- Cr.Misc. No.45550 of 2008 1.RITA DEVI WIFE OF SHAMBHU PANDEY 2.CHANDNI KUMARI DAUGHTER OF SHAMBHU PANDEY BOTH RESIDENT OF VILLAGE BANGRA,P.S.SUGAULI,DISTRICT EAST CHAMPARAN Versus STATE OF BIHAR ----------- 2/ 23.1.2009 Since both the above applications arise out of one and the same complaint case, they have been heard together and are being disposed of by this common order. The petitioners apprehend their arrest in a complaint case which has been lodged for offence under Section 498A of the Indian Penal Code. Petitioner Arun Kumar Pandey is alleged husband and petitioner Rita Devi is Devarani of the daughter of the complainant and petitioner Chandni Kumari is daughter of petitioner Rita Devi. The marriage of Arun Kumar Pandey with the complainant’s daughter has been denied and it has been submitted that Arun Kumar Pandey was already a married person with Neela Devi.The said marriage was performed on 14.9.2000 under the Special Marriage Act, a photo copy of certificate granted by Marriage Officer has been annexed. On the basis of it, it has been submitted that there is no relationship between the petitioner and the alleged victim and as Arun Kumar Pandey is in job, he is being pressurized to succumb. It has further been submitted that considering all the above submissions, co-accused Shambhu Pandey and Neela Devi have been granted anticipatory bail by a Bench of this Court Vide Cr.Misc.No.29171 of 2008 on 11.11.2008. The said Bench has primarily considered the Marriage Certificate. Considering the facts and circumstances of the case, both the above applications are allowed and the petitioners of both the applications are directed to surrender before the court below within twenty days from the date of receipt/production of a copy of this order and on their so surrendering, they shall be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Subdivisional Judicial Magistrate, Bagaha, West Champaran in Complaint Case No. 814 of 2005 subject to the conditions as laid down in Section 438(2)of the Code of Criminal Procedure. Tahir/- ( Shyam Kishore Sharma, J.)