IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8147 of 2011 ====================================================== 1. Sudamo Devi W/O Awadhesh Rai Vill. - -Bahrampur, P.S. - Rustampur, (Raghopur) Distt. - Vaishali. 2. Awadhesh Rai S/O Late Dwarika Prasad Rai Vill. - -Bahrampur, P.S. - Rustampur, (Raghopur) Distt. - Vaishali. .... .... Petitioners Versus 1. The State Of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Ratan Kumar Sinha For the Opposite Party : Mr. Ajay Kr. No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 5 28-09-2011 Heard learned counsel for the parties. The petitioners pray for anticipatory bail in connection with Raghopur P.S.Case No.55/2006 under Sections 304B and 201/34 of the Indian Penal Code. The petitioners had earlier approached this Court by filing Cr. Misc. No. 50498/2007 which was dismissed in default of appearance by order dated 28.1.2008. Thereafter on completion of investigation final form was submitted by the police on mistake of fact but cognizance has been taken under Section 304B of the Indian Penal Code by the Court below. 2 Learned counsel for the petitioners relies upon certain documents before the police that the deceased lady had died due to suffering from vomiting and dehydration. He also seeks support from the statements of three witnesses in the case diary that the victim lady had died due to illness. From perusal of the order of the learned Sessions Judge as also the case diary, it is evident that apart from the above the Superintendent of Police had found the case true under Sections 304B and 201/34 of the Indian Penal Code but ignoring the same the final form was filed. On a consideration of the entire facts and circumstances of the case, this Court is not inclined to accept the prayer of the petitioners for grant of anticipatory bail. The application is accordingly rejected. However, if the petitioners surrender and pray for bail before the Court below, the same shall be considered and disposed of, preferably on the same day, without being prejudiced on account of rejection of the prayer for anticipatory bail. S.Pandey/- (Ramesh Kumar Datta, J)