IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28556 of 2009 1. BRIJNANDAN SAH, SON OF LATE DEO NARAIN SAH 2. BHIKHANI DEVI, WIFE OF BRIJNANDAN SAH 3. RAMESH PRASAD GUPTA @ RAMESH SAH, SON OF BRIJNANDAN SAH ALL RESIDENT OF VILLAGE – KHAIRHAN, P.S. DEHRI (TWON), DISTT. ROHTAS. ------PETITIONERS. Versus STATE OF BIHAR ----------- 3. 14/10/2009 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners are accused in a case arising out of Dehri (Town) P.S. Case No. 100 of 2009 for offences punishable under Sections 302 and 201/34 of the Indian Penal Code. Substance of allegation as set out in the F.I.R. against accused persons is of causing death of the informant’s daughter Sumitra Devi who was married to the son of the petitioners no. 1 and 2 and brother of petitioner no. 3 in the year 1991-92. The cause of death of the said Sumitra Devi was by drowning. It is contended on behalf of the petitioners that the marriage having taken place as back as in the year 1991-92 any allegation with regard to the demand of dowry made against the petitioner cannot be held to be justified. It is further contended that petitioner No. 1 is the father-in-law, petitioner no. 2 is the mother- in-law and petitioner no. 3 is the brother-in-law of the deceased. Learned counsel appearing on behalf of the petitioners places reliance on a family partition which took place amongst the family members through the intervention of the local Panchayat and in support thereof has brought the proceeding dated 2 28.9.2008 placed at Annexure 3 of the bail application. He submits that the petitioners were separated from the husband of the deceased namely Kamesh Sah who was the 2nd son of the petitioners No. 1 and 2. It is submitted that no case is made out against the petitioners on the basis of the allegation as set out in the F.I.R. and that merely because of relationship, they have been roped into the present case. It was lastly submitted that the deceased was suffering from depression as the couple had no issue and used to threaten about committing suicide and thus fearing any untoward incident, the son of the petitioners No. 1 and 2 had lodged a Sanha as back as on 10.3.2008 placed at Annexure-2 before the Sub Divisional Magistrate. The petitioners are in custody since 19.6.2009. Having regard to the facts and circumstances of the case, let petitioners above named be released on bail upon each one of the petitioners individually furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in connection with Dehri (Town) P.S. Case No. 100 of 2009. S. Ali (Jyoti Saran, J.)