IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41537 of 2008 1.KAMESHWAR JHA @ CHAUDHARY JHA SON OF LATE NAND KISHORE JHA 2.SOMA DEVI WIFE OF KAMESHWAR JHA @ CHAUDHARY JHA BOTH RESIDENT OF VILLAGE SAMHO TOLA,P.S.SAMHO,DISTT.BEGUSARAI Versus STATE OF BIHAR ----------- 3/ 15.1.2009 Heard learned counsel for the parties. The petitioners apprehend their arrest in a case which has been registered for offences under Sections 304(B) and 201/34 of the Indian Penal Code. According to allegation, informant’s sister Sudha married with Dev Niranjan Jha, son of the petitioners, in the year 2002 was being subjected to torture by her in-laws including these petitioners and other family members namely, Sunil Jha and Prasidh Jha and subsequently she was done to death. The informant suspected that his sister was killed because of her inability to bring desired dowry articles. Submission is that the deceased was suffering from mental problem and she was given best possible treatment by the doctor of Central Institute of Psychiatry, Ranchi, Jharkhand. Further submission is that on 20.4.2008, sister of the informant was suffering from diarrhea for which she was treated at Primary Health Centre, Surajgarha on 20.4.2008 and when her condition was deteriorated, she was brought P.M.C.H. but she could not survive. It is also stated that when she died, her cremation was done with due honour. A death certificate granted by Patna Municipal Corporation has been filed as annexure-5 which shows that informant’s sister died in P.M.C.H. Similarly situated co-accused Sunil Jha, Prasidhi Jha, Rinki Devi and Pinki Devi have been granted anticipatory bail by a Bench of this court in Cr.Misc.No.38343 of 2008 on 6.1.2009. It is also stated that the petitioners were separate from before from the husband of the deceased. Considering the facts and circumstances of the case, this application is allowed and the above named two petitioners are directed to surrender before the court below within twenty days from the date of receipt/production of a copy of this order and on their so surrendering, they shall be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in Samho P.S.Case No. 13 of 2008 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure. Tahir/- ( Shyam Kishore Sharma, J.)