IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26218 of 2008 YUNUSH MIAN & ORS Versus STATE OF BIHAR ----------- 2. 24.07.2008 Heard the counsel for the petitioners and the State. Petitioner Nos. 1 & 2 , namely, Yunush Mian and Haroon Mian are; elder brother-in-law and Dewar of the deceased respectively while petitioner No. 3, Saiyada Khatoon is the wife of petitioner No. 1. F.I.R. has been instituted for offence u/Ss 304B and 120B of the Indian Penal Code. As per the allegation, the deceased, Sohagin Khatoon was killed by the husband and his family members for demand of dowry. Counsel for the petitioners submits that there is no specific allegation against these petitioners. They have simply been named as they are family members of husband of the deceased. It has also been stated that since the deceased was the second wife of her husband and prior to her marriage, Muslim Mian (husband) was married with deceased’s elder sister as such, it cannot be alleged that there could be any demand of dowry resulting into murder of the deceased. Considering these facts, prayer for grant of - 2 - anticipatory bail on behalf of above-named petitioners is allowed. In the event of their arrest or surrender within flour weeks from today in the court below, they will be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each to the satisfaction of CJM, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 37/08 subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code.) AKV/ (Mridula Mishra,J.)