IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51204 of 2008 1. ASHOK KUMAR son of late Sita Ram 2. Rekha Devi wife of Sri Ashok Kumar 3. Appu Kumar son of Ramji Prasad 4. Gudiya Devi daughter of Ramji Prasad All are resident of Mohalla- Gewal Bhigha at Baulipar, P.S.- Civil Line, District- Gaya. ------- Petitioners. Versus STATE OF BIHAR ------- Opposite Party. ----------- 2 29.1.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitoners’ are seeking bail in a case under Sections 302 and 498A of the Indian Penal Code. Learned counsel for the petitioner submits that this is a case of suicide and the husband of the petitioner was not there and, therefore, it cannot be said that it was the case of demand or torture. It is further submitted that the father-in-law, mother-in-law are in custody. Learned counsel submits that the case diary would indicate that the lady had committed suicide. In a case under Section 302 where there is omnibus allegation of committing murder, I do not think it is fit for grant of anticipatory bail. 2 The case of petitioner no. 4 stands on different footing. She is an unmarried girl and sending her to custody would not serve any purpose as there is no direct allegation against her and it would ruin her future and, therefore, the Court taking a sympathetic view and considering that the parents of petitioner no. 4 are in custody, she namely Gudiya Devi is directed to be released on anticipatory bail in the event of her arrest or surrender within a period of six weeks in connection with Civil Line P.S. Case No. 32 of 2008, G.R. No. 388 of 2008 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya subject to the conditions laid down under Section 438(2) of the Cr.P.C. Sanjay (Sheema Ali Khan, J.)