IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36739 of 2008 1. SHYAM NARAYAN JHA son of Late Harishchandra Jha 2. PANKAJ KUMAR JHA son of Shyam Narayan Jha 3. HEERA DEVI wife of shyam Narayan Jha all are resident of village- Saurashtra, P.S.- Rahika, District- Madhubani & 4. SAVITA MISHRA @ SAVITA DEVI wife of Shiwesh Kr. Mishra resident of village- Mahathvar, P.S.- Ghanshyampur District- Darbhanga Versus STATE OF BIHAR ----------- 3 26.11.2008 Heard learned counsel for the petitioners and the State. Petitioners, who are the father-in-law, brother- in-law, mother-in-law & the married Nanad of the complaint, 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. The allegation is that the members of the in-laws family of the complainant were making demand of rupees one lakh immediately after the marriage when the complainant went to her matrimonial home and they continued demanding the same and on same being not fulfilled they started torturing the complainant and ultimately she was driven out of the matrimonial home in the year 2007. It is further alleged that after the accidental death of her husband in May, 2008 the petitioners went to the parent’s house of the complainant and wanted to snatch her two years old child which was resisted. It is further alleged that even after death of her husband she wanted to stay in - 2 - the matrimonial home but the petitioners were not allowing her to stay unless the demand is met. It has been submitted on behalf of the petitioners that the allegations are after thought and as a matter of fact no such demand was ever made. Had it been so, the complainant could have lodged the case while her husband was alive, but the same has been lodged only after the death of her husband, and as a matter of fact, the complainant want that the property should be partitioned and share of her deceased husband should be given to her even though she may not be living in her matrimonial home and since the property was not partitioned the present first information report has been lodged. 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 six 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, Madhubani, in connection with Madhubani (Rahika) P.S.Case No. 387 of 2008, G.R.No. 1739 of 2008, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)