IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8099 of 2009 1. CHAMPA KUMARI @ CHAMPA DEVI, W/o Tripurari Pathak 2. Guddi Kumari, D/o Tripurari Pathak 3. Raghubir Pathak, S/o Tripurari Pathak 4. Satyendra Pathak @ Satyendra Kumar Pathak, S/o Tripurari Pathak Versus The STATE OF BIHAR ----------- 2/ 08.04.2009 Heard learned counsel for the petitioners, learned counsel for the Informant and learned counsel for the State. Submission of the learned counsel for the petitioners is that the death was within seven years of the marriage. There is allegation of demand and causing of torture for its non-fulfillment and thereafter the killing, but the matter was investigated by the Police. Finding collected evidence insufficient, the final form was submitted showing the case a mistake of fact that was accepted also. Thereafter, protest was filed and taking the same, as complaint, cognizance has been taken. Considering the above discussed circumstances, petitioners’ arrest can not be justified. I agree with the submission of the learned counsel. In the event of arrest or surrender within one month from today in connection with Taraiya P.S. Case No. 75 of 2005 corresponding to U.T. No. 352 of 2005, above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Sampat Kumar, Judicial Magistrate, Ist Class, Saran at Chapra subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)