IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7367 of 2009 1. Suresh Rawat , son of Late Dhaneshwar Rawat 2. Adhik Rawat, Son of Late Dhaneshwar Rawat Both residents of village- Sansarpur, P.S. Gidjpir. District- Jamui. ------------------- Petitioners Versus STATE OF BIHAR ----------- 3 21-04-2009 Heard Mr.Krishna Prasad Singh, learned Sr.Counsel for the petitioners and the learned A.P.P. for the State. Suresh Rawat and Adhik Rawat, two of the F.I.R. named accused of Barhat P.S. Case No.89 of 2004 , registered under Sections 498A/304B/201 I.P.C. and 3 /4 of the Dowry Prohibition Act, are in custody since 26.11.2008 in connection therewith. It appears that initially Complaint Case No.569C of 1998 was submitted on 2.7.1998 by one Mathura Rawat which was transmitted to the concerned Police Station. The aforesaid Barhat P.S. Case No.89 of 2004 was registered after six years for which there is no probable or plausible explanation. From perusal of the case diary it appears that independent witnesses,whose statements are recorded in paragraphs 42, 43, 44 and 55 of the case diary, have stated that the deceased Geeta Devi was suffering from diarrhoea and breathed her last as a result thereof. The members of the paternal family of the deceased are also said to have attended her funeral and last rites. It also appears that the parties have amicably settled their disputes and differences and a compromise petition in that regard has been filed in court on 18.7.1998. These circumstances ought to have been considered by the learned 1st Additional Sessions Judge, Jamui - 2 - while rejecting the prayer for bail vide order dated 9.2.2009. He was also required to give reasons why he was not accepting the statements of the independent witnesses and the reasons for not considering the compromise petition appears to be perfunctory. He also does not give any finding about the police having consumed five years for registering the case. Under the facts and circumstances the two petitioners, namely, Suresh Rawat and Adhik Rawat , are directed to be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui , in connection with Barhat P.S. Case No.89 of 2004 NKS/- ( Abhijit Sinha, J )