IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13153 of 2009 SANJU DEVI @ Sanju Kumari, Wife of Rajkumar Gaurav, resident of village – Badal Bigha, P.O.- Khapura, P.S. Nagarnausa, District – Nalanda. ….. Petitioner. Versus 1. THE STATE OF BIHAR. 2. Tetar Kumari Wife of Sohan Chaudhary D/o Baisakhi Chaudhary, resident of village – Gagankura, P.S. Kurtha, District – Jehanabad, at present village Ohakan Bazar, P.S. Chandauti, District – Gaya. …. Opp. Parties. ----------- 02/ 28.08.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending her arrest in connection with a complaint case registered for the offences under Sections 494, 498A and other allied sections of the Penal Code. She is named in the complaint as the second wife of Sohan Chaudhary, the husband of the complainant. In this connection, averments in paragraph 16 of the complaint is absolutely clear, but the counsel for the petitioner disputes such fact with reference to the residency certificate dated 3.7.2006 that petitioner is the wife of Rajkumar Gaurav and is resident of village Badal Bigha, P.O. Khapura, P.S. Nagarnausa, District – Nalanda. Let petitioner Sanju Devi @ Sanju Kumari file an affidavit to the aforesaid effect in the court below that she is the wife of Rajkumar Gaurav and resident of village Badal Bigha, P.O. Khapura, P.S. Nagarnausa in the district of Nalanda and she has no connection at all with the husband of the complainant namely, Sohan Chaudhary. Once such affidavit is filed, she be admitted to the privilege of provisional bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Judicial - 2 - Magistrate, Ist Class, Gaya in connection with Complaint Case No. 1517 of 2004 and notice be issued to the complainant and after hearing the complainant final orders in the bail matter of the petitioner be passed. In the event, court below is not satisfied about the contents of the affidavit of the petitioner then court below shall be at liberty to cancel the provisional bail of the petitioner. This application is, accordingly, disposed of. DKS/ (V.N.Sinha, J.)