IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2993 of 2010 1. GULABI DEVI wife of Ramchandra Mahto 2. Munna Mahto son of Ramchandra Mahto 3. Dharam Mahto son of Ramchandra Mahto , all are residents of vill.- Machargawa, P.S.-Kotwa Distt- East Champaran-----------Petitioners. Versus STATE OF BIHAR -------------- 2. 16.3.2010 Heard learned counsel for the petitioners and the State. There is allegation of torture for non-fulfilment of demand of dowry soon before the death which occurred within seven years of the marriage in matrimonial house and It is said that she was killed at petitioners’ hand. Petitioner no.1 is mother-in-law, petitioner no.2 is dewar and petitioner no.3 is the husband of the deceased. In the F.I.R. itself it is said that husband was out of his village to another province in connection with his livelihood. But there is no such excuse for petitioner nos.1 and 2. In the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of communication of this order the above named petitioner no.3 shall 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 the Chief Judicial Magistrate, Motihari, East Champaran, in connection with Kotwa P.S. case no.72 of 2009. There is no such excuse for petitioner nos.1 and 2. Their defence regarding commitment of suicide for not taking the deceased to his work place by the husband, if it is believed, can be considered in regular side. Their prayer for anticipatory bail is rejected. - 2 - However, petitioner nos. 1 and 2 are directed to surrender and pray for regular bail which shall be considered on its own merit without being prejudiced by the rejection order. Sudip ( Mandhata Singh, J. )