IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19188 of 2010 1. LALSA DEVI 2. RAM KUMAR 3. GUDIYA DEVI @ GUDIYA ----------------------- PETITIONERS Versus STATE OF BIHAR ----------- 3 28.9.2010 Heard learned counsel for the parties. Petitioners are mother-in-law, younger brother-in-law (Dewar) and married Nanad. They are apprehending their arrest for offence of dowry death which is doubted on the ground of marriage more than seven years ago. Really marriage solemnized in the month of February, 2001 and death occurred in the month of March, 2008 and according to learned counsel, once the case falls for offence under section 302 IPC only circumstance can be there to connect petitioners also. There is no eye witness at all and circumstance is that the deceased died while she was residing in matrimonial house. Defence about the death due to diarrhea belies after going through the post mortem report but direction of supervising authority is referred to verify marriage in the family of petitioner no.3 who is married Nanad which has not been complied. Really petitioner no.2 was also there 2 to his sister is to be verified. Stage is of anticipatory bail. Hence, prayer for anticipatory bail on behalf of petitioner nos. 1 and 2 is rejected. However, petitioner nos. 1 and 2 are directed to surrender and prayer for regular bail. So far petitioner no.3 Gudiya Devi @ Gudiya is concerned, she is married sister-in- law (Nanad), her prayer for anticipatory bail is allowed. In the event of arrest or surrender within one month from the date of communication of this order, the above named petitioner no.3 Gudiya Devi @ Gudiya shall be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Daudnagar, District Aurangabad in Khudwan P.S. Case No. 16/08, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)