IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12363 of 2010 1. RINKU DEVI,D/o Uttim Lal Sah,w/o Sudhir Sah,resident of village-Dewdha,P.S.- Hasanpur,Distt.-Samastipur. 2. Sushila Devi @ Kaushalya Devi,w/o Uttim Lal Sah,resident of Sakarpur,P.S.-Hasanpur, District-Samastipur. .. Petitioners Versus THE STATE OF BIHAR.. .. Opp.Party. ----------- For the Petitioners :M/s N.K.Agrawal,Sr.Advocate & Vijay Anand,Advocate. For the State :Mr. Narsingh Tanti,Addl.P.P. ----------- 02/ 10-05-2010 A supplementary affidavit has been filed on behalf of the petitioners. Let it be kept on record. Heard the parties. In a criminal prosecution for the offences under Sections 304B/201/34 of the Indian Penal Code, petitioner no.1 is the married Nanad and petitioner no.2 is the mother-in-law of the deceased. In the FIR vide Annexure-1, there is allegation of demand of dowry and torture against all the accused persons including the petitioners. By referring to documents as contained in Annexures-2 and 3, it was submitted that the marriage of the deceased with co- accused Sunil Kumar Sah had taken place about 12 years earlier from the date of occurrence and, therefore, the case would not fall under the category of Section 304B of the Penal Code, but it may be a case under Section 302 of the Penal Code. It is further stated that the husband of the deceased is already in judicial custody. Be that as it may, in view of the nature of allegation 2 and in view of the relationship of petitioner no.2 with the deceased, being her mother-in-law, her prayer for anticipatory bail is rejected. She must surrender in the court below in connection with Hasanpur P.S.Case No.156/2008 within a period of four weeks from today and seek regular bail, if so advised. If such a petition is filed, the same shall be considered and disposed of on its own merit without being prejudiced by the present order. However, so far petitioner no.1 is concerned, she is married Nanad of the deceased and it is stated that she has been living in her Sasural and, therefore, she has no concern with the affairs of the family of the husband of the deceased. In that view of the matter, in the event of arrest/surrender within a period of four weeks from today in Hasanpur P.S.Case No.156 of 2008, the above named petitioner no.1 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the A.J.C.M., Rosera at Samastipur, subject to the conditions as laid down under sub- section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)