IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41336 of 2010 Ashok Sah, Son of Shobhnath Sah, resident of Village- Sukurwalia, P.S. Itarhi, District-Buxar ---- Petitioner Versus STATE OF BIHAR ----------- 02 12-01-2011 Heard Sri Digvijay Kumar Ojha, learned counsel appearing on behalf of the petitioner and Sri Aditya Narayan Singh, learned Addl. Public Prosecutor. The petitioner, who is brother of the husband of the deceased and is in custody in Itarhi P.S. Case No. 43 of 2010 for the offence under Section 304(B)/34 of the Indian Penal Code, has prayed for grant of bail. Allegation in the present case is that the wife of brother of this petitioner was killed by the members of the in- laws including the petitioner. It was alleged that the deceased was set on fire. From the impugned order as well as the F.I.R. it appears that the witnesses and the informant have said that the husband of the deceased was having illicit relation with the wife of this petitioner. It further appears from the impugned order that during investigation, none of the witnesses has supported the allegation of demand of dowry. Learned counsel for the petitioner submits that the wife of the petitioner, against whom there was allegation like the petitioner as well as one of the co-accused, namely, Kedar Sah were granted anticipatory bail by this Court vide Cr.Misc.No.26224 of 2010. This fact has been mentioned in paragraph 14 of the petition. The petitioner is in custody since 30.8.2010. In view of the facts and circumstances of the case, particularly the fact that some of the accused persons have been extended the privilege of anticipatory bail, let the petitioner above named be released on bail on furnishing bail bond of Rs.10, 000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Itarhi P.S. Case No.43 of 2010. NKS/- ( Rakesh Kumar, J.)