IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45651 of 2009 1. MOST.IMARTI DEVI,w/o Late Rampratap Prajapati 2. Mamta Kuari,D/o Late Rampratap Prajapati, Both 1 & 2 are R/o vill.-Babu-Babhuni, P.S.-Bhaluani and Dist.-Deoria 3. Rajkumari Devi,D/o Late Rampratap Prajapati and w/o Sanjay Prajapati,R/o village-Baldiha,P.S.-Khukhundu,Dist.-Deoria (U.P.). Versus THE STATE OF BIHAR ----------- 03/ 01-04-2010 Heard Mr.Shubhesh Pandey, learned counsel appearing for the petitioners and Mr. Dashrath Mehta, learned Additional Public Prosecutor appearing for the State. Petitioners apprehend their arrest in connection with Bijayeepur P.S. Case No.22 of 2007 dated 07-03-2007, registered under Sections 406 and 498A of the Indian Penal Code as also under Sections 3 and 4 of the Dowry Prohibition Act. Petitioner no.1 is the mother-in-law of the informant, whereas petitioner no.2 Mamta Kuari is un-married Nanad (sister-in- law) and petitioner no.3 is married Nanad of the informant. According to the prosecution case, there is allegation of demand of Motor cycle as dowry and due to non-fulfilment of the aforesaid demand the allegation of torture is against all the accused persons including the petitioners. It is submitted by the learned counsel for the petitioners that petitioner no.1, though mother-in-law of the victim, is a widow and she has no control over her son Anil Prajapati, who happens to be husband of the informant. According to him, in fact petitioners wanted to get the matter compromised, but the husband of 2 the informant is not prepared to pay any heed to their request. Learned counsel for the State has opposed the prayer for anticipator bail and has submitted that even if this Court is inclined to consider the prayer made on behalf of the petitioners sympathetically, as petitioners are ladies, but plea of similarity of the husband of the informant may not be considered, when his prayer for anticipator bail is filed and heard by this Court. Obviously, the case of these petitioners is quite distinguishable from the case of the husband of the informant. In the aforesaid background, in view of the fact that the petitioners are ladies and in-laws of the informant, in the event of arrest/surrender within a period of four weeks from today in Bijayeepur P.S.Case No.22 of 2007, arising out of Complaint Case No.180 of 2007 (Trial No.2998 of 2008), the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of Sri Mritunjay Singh, Judicial Magistrate, Gopalganj, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)