IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3300 of 2008 RAJENDRA SINGH Versus STATE OF BIHAR With Cr.Misc.No. 10517 of 2008 Abhay Singh vs.State of Bihar ----------- 3. 13.5.2008 Both these applications have been heard together and are being disposed of by this common order as they arise out of the same P.S.case number. Heard learned counsel for the petitioners and learned APP for the State. Learned counsel for the petitioners has submitted that dewar Abhay Singh is in custody since 21.1.2008; whereas father-in-law, namely, Rajendra Singh is in custody since 1.9.2007. As a matter of fact, the deceased died in her sasural in committing suicide after 12 years of marriage and, so, there is no application for Section 304B IPC in view of the fact that eldest child of the deceased was 10 years old at the time of her death, who was born in 1997. This fact was purposely withheld and concealed by the informant so as to leading this case within the ambit of dowry death. Moreover, elder sister of the deceased, who herself has been married in the family of the petitioner, i.e., cousin of her husband, is still living in the same family sharing the same roof and has clearly stated that deceased was a lady of short temperament and out of frustration she has committed suicide when her request was turned down to go to Calcutta. Considering aforesaid facts and circumstances, so far dewar Abhay Singh is concerned, absolutely there is no material collected in course of investigation, the petitioners, namely, Rajendra Singh and Abhay Singh are directed to be released on bail on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, West Muzaffarpur, in Karja P.S.case no. 106 of 2006. Spal/ (Subash Chandra Jha,J.)