IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4876 of 2010 1.UDAY JAMADAR 2.Indu Jamadar 3.Kailash Jamadar….. all are resident of village Milki, P.S.Ghosi, Dist. Jehanabad …..Petitioners. Versus THE STATE OF BIHAR ----------- 2 16.4.2010 Heard the parties. Petitioners apprehend their arrest in connection Ghosi P.S. Case No. 128 of 2009 dated 15.6.2009 registered under sections 304 B, 201/34 of the Indian Penal Code. According to the prosecution case deceased Jaso Devi was married with co-accused Kashmir Bind and her second marriage (Gauna) had taken place about eight months earlier. Accused persons are alleged to have made a demand of dowry and due to non-fulfillment of the aforesaid demand she was subjected to torture and finally done to death. Learned counsel for the petitioners submits that petitioner no.1 Uday Jamadar and petitioner no.3 Kailash Jamadar are elder brothers of the husband of the deceased. Petitioner no.2 Indu Jamdar happens to be the father-in-law of the deceased and primal role for committing the crime in question is against the husband and therefore, they may be extended the privilege of anticipatory bail. Learned counsel for the State has opposed the prayer for anticipatory bail and pointed out that petitioners are specifically named in the FIR as accused and there is specific allegation of demand of dowry and torture against them also, therefore, they are not entitled to have the privilege of anticipatory bail. Taking into consideration the nature of allegation and also - 2 - taking into consideration the facts that just after eight months of the arrival of the deceased in her Sasural, she was done to death by the accused persons including the petitioners, this court is not inclined to accede to the prayer made on behalf of the petitioners for grant of anticipatory bail. The prayer is rejected. Petitioners must surrender in the court below within a period of four weeks from today and, if so advised, seek regular bail. If such a petition is filed in the court below, then the same may be disposed of on its own merit without being prejudiced by the present order. (Birendra Prasad Verma, J) M.Rahman