IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4157 of 2009 1. DWARIKA PANDIT 2. Rukmini Devi @ Bina Devi 3. Arbind Pandit @ Arbind Kumar Pandit 4. Rani Devi @ Reen Devi Versus The STATE OF BIHAR ---with--- Cr.Misc. No.7000 of 2009 BRAJ BIHARI PANDIT @ BRAJ BIHAR PANDIT Versus The STATE OF BIHAR ------ 3/ 24.06.2009 Heard learned counsel for the petitioners and learned counsel for the State. Allegation is made about killing the deceased in continuation of cruelty caused for demand of dowry and its non- fulfillment. Only parental family members are there to state the killing. Naturally, their presence to the place of occurrence is too improbable. Death is said due to ailment according to the defence but strange enough that no attempt is made by the I.O. to ascertain the real cause of death. If really there was any ailment, a question arises, if any medical aid was provided. Without ascertaining the same, I.O. remained engaged in collecting the evidence which concerns either of remaining of petitioners in Criminal Misc. No. 4157 of 2009 at different places and coming only after receiving information from the witnesses about death due to ailment. Admittedly, marriage is seven years old, so there is no application of presumption and till today, there is no evidence against petitioners in Cr. Misc. No. 4157 of 2009. Even the presence of the husband is not denied, though submission is made on his behalf regarding non- 2 information of the death. In the facts and circumstances discussed above, the prayer made on behalf of the petitioner in Cr. Misc. No. 7000 of 2009 is rejected, while the prayer of the petitioners in Cr. Misc. No. 4157 of 2009 is allowed. In the event of arrest or surrender within one month from today in connection with Ishakchak P.S. Case No. 74 of 2008, above named petitioners in Cr. Misc. No. 4157 of 2009 shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Bhagalpur subject to the conditions as laid down under Section 438(2) of Cr. P.C. However, at the stage of framing of the charge, the Trial Court shall justify the bail so granted to them. shail (Mandhata Singh,J.)