IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.921 of 2009 TARA DEVI Versus THE STATE OF BIHAR ----------- With Cr.Misc. No.49204 of 2008 RAM UPNESH RAI @ MANTUN RAI Versus 1. STATE OF BIHAR 2. RANJAN DEVI For the petitioners : Mr. Pawan Kumar, Advocate For the O.P. no. 2 : Mrs Sushmita Mishra, Advocate. For the State : Mr. Bishweshwar Ram, Advocate. ----------- 3 22.04.2009 Heard both sides. Both the matter arise of the same complaint case no. 2138/2004/Tr. No. 1835/2007 in which cognizance has been taken under diverse sections of Indian Penal Code including section 498A of Indian Penal Code. The petitioner in Cr. Misc. No. 921/2009 is the mother in law whereas the petitioner in Cr. Misc. No. 49204/2008 is the husband of the complainant. Counsel for the husband (petitioner in Cr. MIsc. No. 49204/2008) states before this Court that he is prepared to accept complainant as his wife and to keep her with full love, care and dignity in the matrimonial home. This statement is made in paragraph no. 12 of his application which is reproduced hereinbelow: “That petitioner is willing to keep the complainant at her matrimonial home with full respect and dignity.” Counsel for the complainant submits that if the stand of the husband before this Court is bona fide then the complainant has 2 absolutely no objection and she will go back to the husband’s home provided the husband takes her back . Having regard to the facts and circumstances of this case, this Court is prepared to grant them privilege of anticipatory bail. In the event of arrest or surrender in the court below within a period of four weeks, the petitioners namely Tara Devi and Ram Upnesh Rai @ Mantun Rai are directed to 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 learned S.D.J.M., East Muzaffarpur in connection with Complaint case no. 2138 of 2004/Tr. No. 1835 of 2007. The petitioner in Cr Misc. No. 49204/2008 along with the complainant shall appear before the learned court in seisin of the matter on 13th July, 2009 and file appropriate affidavit/application stating that they are living together and there is no misunderstanding between them. In the event of failure on the part of the petitioner of Cr. Misc. No. 49204/2008 in appearing before the Court and file affidavit/application, as observed above, the Court below shall be at liberty to cancel the bail bonds of petitioner of Cr. Misc. No. 49204/2008 and proceed to secure his arrest in accordance with law. pkj ( Kishore K. Mandal, J. )