IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.47496 of 2007 ANIL SAW & ANR Versus STATE OF BIHAR ----------- 04. 08.05.2008 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are accused for offences punishable under Sections 341, 504, 323, 307, 498A, 494/34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioner no.1 is the husband of the complainant, whereas petitioner no.2 is the second wife of petitioner no.1. Learned counsel for the petitioners further submits that the allegation against the petitioners is that the informant was the first wife of petitioner no.1 and when the demand of the accused persons for dowry was not fulfilled the complainant was tortured and assaulted and they also attempted to burn the informant by sprinkling kerosene oil but somehow she managed to escape. Learned counsel for the petitioners also avers that the entire allegation is false and frivolous as the accused persons never tortured her, nor even tried to burn her to death. Learned counsel for the petitioners further contends that petitioner no.1 still wants to keep the informant with him as his legally wedded wife with full care, dignity protection and affection. Learned counsel for the petitioners also states that the petitioners are in custody since 20.10.2006. On the other hand learned counsel for the informant vehemently opposes the contentions of the learned counsel for the - 2 - petitioners and submits that the complaint filed by her was absolutely true and she was subjected to assault and cruelty, but in spite of that she is ready and willing to live with petitioner no.1 if he is ready and willing to keep her with full care, affection, security and dignity. In the aforesaid facts and circumstances, this petition is allowed. Let petitioners, namely 1.Anil Saw and 2. Chinta Devi, 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 learned Chief Judicial Magistrate, Sheikhpura in connection with Barbigha P.S.Case No.135 of 2005 ( G.R.No.425/05) arising out of Complaint Case No.123C/05 . However, it will be open to the complainant to go to the house of petitioner no.1 as it has been specifically stated on behalf of petitioner no.1 that he is ready and willing to keep her as his legally wedded wife with full care, dignity, protection and affection. It may be noted that if petitioner no.1 fails in the said duties, the informant would be entitled to live separately and claim maintenance from petitioner no.1 sunil ( S.N.Hussain,J.)