IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10800 of 2010 1. AWADHESH GUPTA @ AWADHESH KANT GUPTA 2. BABLU GUPTA, BOTH SONS OF SUDAMA PD.GUPTA 3. KRISHNAWATI DEVI, WIFE OF BABLU GUPTA, ALL RESIDENTS OF VILLAGE- KHAJURA, P.S. DURGAWATI, DISTRICT- KAIMUR ( BIHAR )………….. PETITIONER Versus STATE OF BIHAR…………………………… OPP.PARTY ----------- 2 26-4-2010 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are Devar, Bhaisur and Gotni respectively of the alleged victim lady under section 304 (B)/34 of the I.P.C. It has been submitted that F.I.R. was lodged by brother of the deceased lady, Durga Devi in which it is admitted that the deceased was taken for treatment to Varanasi. From annexure-2 it is clear that the deceased was examined by the Chief Judicial Magistrate, Benaras for recording her dying declaration in which she claimed that she sustained accidental fire injury due to bursting of stove and her husband also sustained fire burn injury while trying to save her. If the intention of the petitioners was to kill her she could not have been taken to hospital for treatment. Considering the aforesaid submission the prayer for anticipatory bail is allowed. In the event of arrest or surrender within six weeks, let petitioners namely Awadhesh Gupta @ Awadhesh Kant Gupta, Bablu Gupta and Kirshnawati Devi be enlarged on bail on each of them furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M. Kaimur at Bhabhua in connection with Durgawati P.S.Case No. 178/2009, subject to the conditions laid down under sections 438(2) Cr.P.C. Naresh ( Shiva Kirti Singh, J.)