IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45424 of 2008 1.BHARAT JHA @ KRISHANU JHA @ KRIPANU JHA son of Yashodhar Jha 2.Monika Jha @ Monika Devi, wife of Bharat Jha @ Krishanu Jha. Both resident of village- Baligarh, P.S.-Runisaidpur, Dist.-Sitamarhi Versus STATE OF BIHAR ----------- 2. 22.1.2009 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case which has been registered under sections 498A, 304(B), 201 and 120(B)/34 of the Indian Penal Code and section ¾ of the Dowry Prohibition Act. Initially a complaint case bearing complaint case no.192 of 2004 was filed before the S.D.J.M., Sheohar at Sitamarhi. The case was referred to the police and first information report has been registered accordingly on the allegation of complainant whose sister Pinki Devi married with Shyam Mishra was allegedly done away with by her in-laws on account of her inability to bring desired articles by way of additional dowry. This information was given by his co-villager Fekan Sah. He rushed to Birpur and found the room locked and even to the police station but the case was not lodged. Submission is that death was immediately reported to the police at Birpur in the district of Jalpaiguri in the State of West Bengal. The police investigated into the matter and found the case to be of suicide. The police submitted final form. Further submission is that petitioner no.2 is married Nanad of the deceased and petitioner no.1 is husband of petitioner no.2. Both reside in separate village. They are not concerned with the day-to-day activity of the family members of the husband of deceased. Considering the facts and circumstances of the case prayer for grant of anticipatory bail is allowed. The above named petitioners are directed to surrender before the court below within three weeks from the date of receipt/production of a copy of this order and in that event they shall be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Purnahiya P.S.Case No.70 of 2004 subject to the conditions as laid down under section 438(2) Cr.P.C. Md.S. (Shyam Kishore Sharma,J.)