IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26945 of 2010 1. RAMAUTAR DAS & 2. RAJ KUMAR DAS Versus THE STATE OF BIHAR ----------- 2 13.09.2010. Heard learned counsel for the petitioners, informant and the State. The petitioners have been made accused in a case under sections 304B/34 of the I.P.C. The petitioners, who are father-in-law and elder brother of husband of deceased submit that section 304B I.P.C. cannot be invoked in the instant case, as contrary to the allegation in the FIR, marriage in question had been consummated prior to 1995, which is evident from the voter list of the year 1995 which mentions the deceased as wife of son of petitioner no.1. Petitioners further submit that husband of deceased is already in custody and they are in custody since 2.6.2010, though they reside separate from the family of his son, husband of deceased. The informant and State oppose the prayer for bail but they do not controvert the genuineness of certified copy of voter list produced before the court by the petitioners which falsifies the statement made in FIR that marriage had taken place in 2004. In the facts and circumstances of the case, let the petitioners as above be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, 2 Bettiah, West Champaran in Majhauliya Police Station Case No. 30 of 2010. However, the learned Magistrate may cancel the bail of petitioner no.1 if the voter list as above is found to be forged. Shashi. (Samarendra Pratap Singh, J.)