IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11677 of 2009 Sarswati Devi wife of Late Raghubir Ram, Resident of village Ganj No. 2 Ramleela Maidan, P.S. Bettiah, district West Champaran Versus 1. The State Of Bihar 2. Smt. Shakuntala Devi wife of Nagendra Prasad, daughter of Late Ramautar Sah, resident of Ward No. 5, Yadavpur, West Kamla Railway Station, Gopalganj ----------- 03/ 25.08.2009 Having considered the averments made in the restoration application, Cr. Misc. No. 25294 of 2008 is restored to its original file and taken up for admission Heard learned counsel for the petitioner and the State. Petitioner is the mother-in-law and is apprehending her arrest in connection with a complaint case registered for the offence under Section 498A of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act. It is submitted on behalf of the petitioner that her son, namely, husband of the complainant became deserter from the Indian Air Force and thereafter the complainant has married one Nagendra Prasad, son of Ramautar Prasad, Ward No. 05, Gopalganj on 15.12.2005 and such fact has been stated by Sri Madan Mohan Prasad, brother of Shakuntala Devi, opposite party no.2. Let the petitioner above named surrender in the court below within four weeks from the date of receipt of this order in the court below and thereafter be admitted to the privilege of 2 provisional bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran in connection with Complaint Case No. 2666C of 2005 and notice be issued to Shakuntala Devi, opposite party no.2 as also to Madan Mohan Prasad who has sworn affidavit dated 8.10.2007, Annexure-2 and factum of marriage of Shakuntala Devi, opposite party no.2 with Nagendra Prasad be confirmed from them and if it is true that Shakuntala Devi has married Nagendra Prasad, then provisional bail granted to the petitioner be confirmed, otherwise the court below will pass appropriate orders in accordance with law considering the reasonableness of the stand of the parties. Both the restoration application and Cr. Misc. No. 25294 of 2008 are disposed of. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. Arjun/ ( V.N. Sinha, J.)