IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50363 of 2007 KAILASH YADAV & ORS.v. State of Bihar With Cr. Misc. No.55643 of 2007 Binod Yadav .v. State of Bihar & Another ---- 8. 8.5.2008 Heard learned counsel for the petitioners, Learned A.A.P. for the State in both the cases and learned counsel for the complainant, who is opposite party no.2 in Cr.Misc. No.55643/2007. The five petitioners in the first case and the sole petitioner in the second case pray for anticipatory bail in a complaint case under Sections 498-A, 323 and 379 of the Indian Penal Code. Petitioner No.1 in Cr. Misc. No.50363/2007 is the father-in-law of the complainant, petitioner No.2 is the mother-in-law and petitioner Nos. 3 to 5 are the brothers of her husband whereas the sole petitioner Binod Yadav in the other case ( Cr. Misc.No.55643/2007) is the husband of the complainant. The allegation in the complaint is that after the marriage of the complainant with the petitioner Binod Yadav, the accused persons started ill-treating her and they demanded additional dowry. The accused persons had also threatened that her husband would be got married at another place. It is further submitted that when the complainant became ill, she was not given proper treatment. Ultimately her father had taken her to his house in order to get her treated first at Purnia and subsequently at Siliguri. From the said marriage, it is stated that a son and daughter had been born. Subsequently by filing another affidavit, it has been alleged that the petitioner Binod Yadav has re- 2 married during the pendency of the matter with one Sumanti Kumari, daughter of Laxmi Lal Yadav of village Para Purnia, P.S. Rauta Hat, District- Purnia. The defence of the petitioners is that they have been falsely implicated in the case. They have never made any such demand of dowry as alleged. It is further case of the other accused family members that they have no concern with the family affairs of the complainant and her husband and they are living separately since long in mess and property, for which a Certificate granted by the Sarpanch, Mukhia and Samiti of the Gram Panchayat has also been produced. It is alleged by the petitioners that it is the complainant, who was frequently going to her Naihar and a written undertaking was also given by the complainant and her father to the husband of the complainant in presence of the Panches that she will return back voluntarily within a month but she did not come back. On behalf of the petitioner Binod Yadav a denial has been made of the factum of re-marriage. On a consideration of the entire facts and circumstances of the case, the prayer for anticipatory bail of petitioner Binod Yadav in Cr. Misc. No.55643 of 2007 is rejected. With respect to Cr. Misc. No.50363 of 2007, it is directed that the petitioners (1) Kailash Yadav, (2) Mahajani Devi, (3) Manoj Yadav alias Manoj Kumar Yadav, (4) Pramod Yadav alias Pramod Kumar Yadav and (5) Sanjay Yadav alias Sanjay Kumar Yadav in the event of their arrest/ surrender in the court below within four 3 weeks from today shall be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Araria in connection with Complaint Case No.1551-C/2007, subject to the other applicable conditions laid down under Section 438 (2) Cr.P.C. VPS ( Ramesh Kumar Datta,J.)