NAZMA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the complainant and the State.

(2.) Marriage is eight years earlier and allegation of torture is only for demand of dowry. The view expressed by the Court in paragraph 5 of the rejection order needs some comment to rectify the view that Section 498-A of the Penal Code came into existence only to give relief to a helpless lady not for similar treatment to helpless lady on the ground of age while newly bride is helpless due to her remaining alone in in-laws house. After lapse of the years of the marriage matrimonial differences cropped up between the wife and husband for their own act. So, only basing the vague allegation rejection of petitioner's anticipatory bail is not justified. Petitioner is mother-in-law of the complainant.

(3.) In the discussed facts and circumstances, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from the date of receipt/production of a copy of this order in Complaint Case No. 403/2009, the above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Madhubani, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.