IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8119 of 2010 1.DEEPAK KUMAR 2.Savita Devi both are r/o village Asma, P.S. hathauri, Dist. Muzaffarpur ……Petitioners. Versus THE STATE OF BIHAR ----------- 2 13.4.2010 Heard Mrs. Bela Singh, learned counsel appearing for the petitioners , Mr. Dashrath Mehta , learned A.P.P. for the State and Mr. Sanjay Kumar , learned counsel appearing for the informant. Petitioners apprehend their arrest in connection with Hathauri P.S. case No. 82/09 dated 4.7.2009 registered under sections 302, 201/34 of the Indian Penal Code. It is submitted that petitioner no.1 is the elder brother of the husband of the deceased whereas petitioner no.2 happens to be wife of petitioner no.1 i.e. elder Gotani of the deceased. It is submitted that though in the FIR there are allegations of demand of dowry and torture and allegation of participation of the petitioners in the commission of crime in question but during the course of investigation independent witnesses have not supported such allegations. It transpired that petitioners are separate in mess and business from the husband of the deceased. Learned counsel for the State as also the informant have strongly opposed the prayer for anticipatory bail and pointed out that in the FIR both the petitioners are specifically named as accused and there is specific allegation of participation in the crime in question. In the aforesaid back ground, the prayer for anticipatory bail made on behalf of the petitioners is rejected. Petitioners must surrender in the court below within a period of four weeks from today and, if so advised, seek - 2 - regular bail. If such a petition is filed, then the same may be disposed of on its own merit without being prejudiced by the present order. (Birendra Prasad Verma, J) M.Rahman