IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44165 of 2008 1.BOAJEE YADAV S/O-Late Jagdish Yadav 2.DURGI DEVI W/O-Late Jagdish Yadav Both R/O-Vill-Bhawanipur, P.S.-Sakri, Distt.-Madhubani. …………………………………………..Petitioners. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 4/ 01.04.2009 Heard learned Counsel for the petitioners and learned Counsel appearing on behalf of the State. The petitioners are accused of the case which has been registered under Sections 304B/201/34 of the Indian Penal Code. Petitioner No. 1 is husband and Petitioner No. 2 is mother-in-law of the deceased. The death is within seven years of marriage. Prior to the death the victim was subjected to torture in connection with demand of additional dowry. Submission is that the Petitioner No. 1 is a mentally retarded person and on account of this his wife has committed suicide. No torture was ever committed. The petitioners are wealthy persons so the allegation of additional demand of dowry was not correct. So far as Petitioner No. 1 is concerned, he is husband of the deceased and his case cannot be equated with others. So far as Section 304B of the Indian Penal Code is concerned, I am not inclined to grant bail to the Petitioner No. 1 Boajee Yadav. - 2 - However, he may renew his prayer for bail after examination of the informant. So far as Petitioner No.2 is concerned, she is a widow lady. She namely Durgi Devi, Petitioner No. 2 is directed to be released from custody on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani in connection with Pandoul [Sakri] P.S. Case No. 32 of 2008 corresponding to G.R. No. 305 of 2008. kksinha/ (Shyam Kishore Sharma, J.)