Brahmavati Devi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39374 of 2017 Arising Out of PS.Case No. -57 Year- 2016 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ======================================================

1. Brahmavati Devi ,wife of Siddheshwar Noniya

2. Reena Noniya, wife of Sanjit Noniya, Both resident of village Maniyanda, P. S. and District Sheikhpura .... .... Petitioner/s

Versus

1. State of Bihar

2. Munni Devi alias Anita Devi, wife of Sanjeet Nonia, resident of village Manianda, P. S. and District Sheikhpura, daughter of Fulcharan Nonia resident of village Lembuapar, P. S. Kashichak, District Nawada .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Prasad Singh For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-08-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case N0. 57 (C) of 2016, disclosing offences under Sections 498A,494 and 120B of the Indian Penal Code. Petitioner No.1 is the mother-in-law of the complainant and petitioner No.2, it is alleged, is second wife of the husband of the complainant.

Learned counsel appearing on behalf of the petitioners has submitted that earlier also the petitioners were made accused of similar offence in the year 1998 and subsequently in the year 2000.

It is evident from the materials on record that matrimonial discord between them is the root cause for registration of the First Information Report. No purpose will

be served, if the petitioners are taken into custody. It is submitted that the petitioners shall present themselves before the police as and when required and there is no chance that they will tamper with the evidence or influence the witnesses.

Considering the above submissions advanced on behalf of the petitioners and dispute appears to be matrimonial in nature, this application is allowed. Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Sheikhpura in Complaint Case No. 57( C) of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

ArunKumar/- (Chakradhari Sharan Singh, J) U