IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13235 of 2009 VINA DEVI & ANR Versus STATE OF BIHAR ----------- 02/ 16.06.2009 Heard learned counsel for the petitioners and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioners, who are accused for offences under Sections 498A, 379, 406, 494 and 323 of the Indian Penal Code. Learned counsel for the petitioners submits that the complainant is the first wife of petitioner no. 2, whereas petitioner no. 1 is his second wife, whom he had married with the consent of the complainant, who was issueless at that time. He further submits that the entire allegation is absolutely false and frivolous and the complainant has filed the case only to harass the petitioners. However, from the prosecution case it appears that there was a panchayati in which petitioner no. 2 had to give Rs.1500/- per month to the complainant but he had stopped payment of the said amount. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, petitioners, namely, Vina Devi and Ram Prasad Mochi shall be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Rajesh Singh, learned Judicial Magistrate, Ist Class, Madhepura in connection with Complaint Case - 2 - No. 942C of 2003, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. However, this order will be subject to payment of Rs. 1500/- per month by petitioner no. 2 to the complainant every month. DKS/ (S.N. Hussain, J.)