IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6187 of 2008 SRI BHAGWAN PRASAD & ANR Versus THE STATE OF BIHAR ----------- 02. 01.05.2008 Heard learned counsel for the petitioners and the learned counsel for the State. Petitioners are accused for offences punishable under Sections 304B, 201/34 of the Indian Penal Code but after investigation the case was found true under Sections 498A, 306, 201/34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner no.1 is the father-in-law of the deceased, whereas petitioner no.2 is her brother-in-law. Learned for the petitioner further submits that the allegation of the complainant, who happens to be the father of the deceased, is that due to non-fulfillment of demand of dowry, all the accused persons, including the husband of the deceased and the petitioners, killed the deceased and cremated her dead body but subsequently the said allegation was not found true and the police after investigation found the case true only for the offences punishable under Sections 498A, 306, 201/34 of the Indian Penal Code. Learned counsel for the petitioners also avers that entire allegation is absolutely false and frivolous as the complainant had himself attended the cremation and shardh ceremony of the deceased and the complaint had been filed after 25 days of the alleged occurrence. Learned counsel for the petitioners further contends that the petitioners are in custody since December, 2007. - 2 - In the aforesaid facts and circumstances, this petition is allowed. Let petitioners, namely Bhagwan Prasad and Jag Narayan Prasad, be released on bail on furnishing bail bonds of Rs.10,000.00 (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in Brahmpur ( K.B) P.S.Case No.171 of 2007. sunil ( S.N.Hussain,J.)