IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35874 of 2011 1.Naresh Choudhary 2.Rajendra Choudhary Both sons of late Rohan Choudhary, Resident of village-Newal Chak, P.S.-Sirdala (Meshkaur), district-Nawada. Versus The State Of Bihar ----------- 2. 24.10.2011. Heard learned counsel for the petitioners and learned counsel for the State. The petitioners apprehend their arrest in connection with a case registered for the offence punishable under sections 498(A), 304(B) and 201/34 of the Indian Penal Code. It is submitted on behalf of petitioners that from perusal of first information report itself it would transpire that daughter of the informant was married to co-accused Ajay Chaudhary six years back. The victim was blessed with two children. The allegation of subjecting the deceased to cruelty for non-fulfillment of demand of dowry was against the husband and in-laws. The first part of the first information report dealt with allegation of causing death of the victim by co-accused Ajay Chaudhary (the husband), Sahdeo Chaudhary (father-in-law), Bachchi Devi (mother-in-law), Pramod Chaudhary (brother-in-law) and Malo Devi (Sister-in-law). However, in the subsequent part of the first information report it is alleged that Lilawati Devi, Naresh Chaudhary, Rajendra Chaudhary, Vijay Chaudhary and Umesh Chaudhary had conspired together with the accused persons in disposing of the dead body of the deceased. It is submitted on behalf of the petitioners that the 2 petitioners are co-villagers and are not related to the family of the deceased. The marriage was solemnized in the year 2001 and thus section 304B of the Indian Penal Code would not be attracted. The co-accused Lilawati Devi has been granted anticipatory bail by order dated 19.8.2011 passed in Cr. Misc. No.27787 of 2011 and Co- accused Umesh Chaudhary and Vijay Chaudhary have been granted anticipatory bail by order dated 12.5.2011 passed in Cr.Misc. No.13924 of 2011. It is submitted that the case of the petitioners stands on similar footing to that of co-accused who have been granted anticipatory bail by this court. Taking into consideration the aforesaid submissions, let the petitioners named above in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Sirdala (Meskaur) P.S. Case No.157 of 2010 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)