IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39419 of 2008 1. UMESH SINGH son of Kailash Singh 2. ANIL SINGH @ANIL KUMAR SINGH, son of Kailash Singh 3. RAMADHAR SINGH @ RAM ADHAR SINGH, son of Late Prahlad Singh 4. GYANI DEVI @ GENIYA DEVI, wife of Late Prahlad Singh 5. BABY KUMARI @ KUMARI BABY, w/o Anil Kumar, resident of Village Siuriaisua, P.S.Saraia, District Muzaffarpur Petitioner no.1 to 4 are resident of Village Hussaina Khurd, P.S. Goraul, District Vaishali -----------------Petitioners Versus STATE OF BIHAR ----------- 2. 5.12.2008 Heard the learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Goraul P.S. Case No.33/05 for the alleged offences registered under section 304B/34 of the Indian Penal Code. It is submitted on behalf of the petitioners that although the application for grant of anticipatory bail of these petitioners was rejected by this Court, as per the order dated 17.7.2006, as contained in Annexure 1, but subsequent thereof the daughter of the informant was found alive and hence this anticipatory bail application has been filed. Submission is that the daughter of the informant, who is alleged to have been killed, was later found alive and gave her statement under section 164 of the Code of Criminal Procedure on 10th of August, 2007 before the Chief Judicial Magistrate at Hajipur, vide Annexure 5. In the said statement she has alleged the demand of 2 dowry and torture. As jointly submitted on behalf of the petitioners as well as the State, the daughter of the informant shall appear in the court of the Chief Judicial Magistrate, Hajipur, on being noticed to her by the Chief Judicial Magistrate and on appearance of the daughter of the informant, the Chief Judicial Magistrate shall issue notice to the petitioners for their appearance. On appearance of both the parties, if the Chief Judicial Magistrate, Hajipur is satisfied that the lady appearing pursuant to the said notice is the daughter of the informant, who is alleged to have been killed, then he shall pass necessary orders in accordance with law with regard to the grant of bail to the petitioners. Let the order be communicated to the Chief Judicial Magistrate, Vaishali at Hajipur through fax in connection with Goraul P.S. Case No.33/05 at the cost being deposited by the petitioners. This application is disposed of with the above observations/directions. PNM (Shailesh Kumar Sinha, J.)