IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31348 of 2010 1. KALAWATI DEVI WIFE OF BIDYA SINGH, RESIDENT OF VILLAGE BISHUNPURA KORHI, P.S. SIDHWALIA, DISTRICT GOPALGANJ. 2. MUNNA SINGH SON OF BIDYA SINGH, RESIDENT OF VILLAGE BISHUNPURA KARHI, P.S. SIDHWALIA, DISTRICT GOPALGANJ. --- PETITIONERS. Versus STATE OF BIHAR—OPP. PARTY. ----------- 2/ 25-08-2010 Heard the parties. In a criminal prosecution registered under sections 498(A)/ 304(B)/201/34 of the India Penal Code, petitioner no.1 happens to be the mother-in-law and petitioner no.2 happens to be the husband of the deceased, Muni Devi. Learned counsel for the petitioners submits that there is general and omnibus allegation of demand of dowry of a motorcycle and due to non-fulfillment of the aforesaid demand, there is allegation of torture against all the accused persons. It is further submitted that admittedly the informant is not an eye witness and entire prosecution case is based on suspicion and hearsay evidence. It is also contended that petitioner no.1, being mother-in-law, could not have been benefited by fulfillment of demand of dowry of the said motorcycle. Petitioner No.1 is stated to be in judicial custody since 10.09.2009. Learned Addl. P.P. for the State has opposed 2 the prayer for bail and has pointed out that petitioner no.2, being the husband, is the main culprit for the crime in question. However, he has fairly conceded that there is no specific allegation of any specific demand of dowry and torture against petitioner no.1. Taking into consideration the aforesaid facts and circumstances, petitioner no.1, namely, Kalawati Devi is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of F.T.C.-V, Gopalganj in connection with Sessions Trial No. 471 of 2009, subject to conditions that : (A) one of the bailors must be government servant or close family member of the petitioner No.1, who will file an affidavit in the court below showing his/her relationship with the petitioner No.1, (B) the petitioner No.1 shall make regular pairvi in the court below in the present case either by appearing herself in person or through representation by her lawyer on each and every dates, and if on two consecutive dates petitioner No.1 fails to make pairvi, then the court below shall be at liberty 3 to cancel the bail bonds of the petitioner No.1. However, so far the prayer for bail of petitioner No.2 Munna Singh is concerned, he being the husband and the main allegation of demand of dowry and torture being against him, his prayer for bail is rejected for the present. BTiwary/ ( Birendra Prasad Verma, J.)