IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38769 of 2008 SHAILENDRA KUMAR TIWARI son of Sri Ramakant Tiiwari Resident of village- Malpur, P.S.- Patepur District- Vaishali Versus STATE OF BIHAR 2. MANISHI DEVI wife of Shailendra Kumar Tiwari resident of village- Malpur, P.S.- Patepur, District- Vaishali, at present daughter of Late Rabindra Nath Rai, resident of village- Jagatsinghpur, P.S.- Muffasil, District- Samastipur, at present residing with her “2nd husband” Ram Udesh thakur, son of Devendra Prasad Thakur, at village- Sakrichandrapura, P.S.- Piar, District- Muzaffarpur ----------- 2 03.12.2008 Heard learned counsel for the petitioners and the State. Petitioners are accused in a case registered for the offences under section 498A and other allied sections of the Indian Penal Code and sections 3 & 4 of the Dowry Prohibition Act. It has been submitted on behalf of the petitioner that the present complaint has been filed for ulterior purposes in retaliation of an earlier complaint filed by this petitioner against the present complainant and her family members as contained in Annexure-2 to the petition. Besides the above, it is submitted that a matrimonial case for divorce with the consent of the complainant has been filed bearing the signatures of the petitioner and the complainant. It is further submitted that during the pendency of the said case the complainant has married another person, as stated in - 2 - paragraph 6 of the petition. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur, in connection with Complaint Case No. 1173 of 2004, T.R.No. 1828 of 2006 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)