IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44891 of 2010 1. MUNARIK YADAV, S/O RAM DHANI YADAV. 2. SURESH YADAV @ TENI KUMAR, S/O SUKHDEO YADAV. 3. DHAN MATIYA DEVI, WIFE OF SUKHDEO YADAV. ALL RESIDENTS OF VILLAGE-SHAHGANJ, POLICE STATION-KONCH, DISTRICT-GAYA. ……………PETITIONERS. Versus THE STATE OF BIHAR. ………………OPPOSITE PARTY. ----------- 02/ 26.03.2011 Heard Counsel for the petitioners and counsel for the State. Considering the facts of the offences punishable under Section-498(A) and 304(B) of the Indian Penal Code, when the husband, the only accused against whom the police has submitted chargesheet has already been released on regular bail and these three petitioners being Bhasur, Bhagina and married Nanad respectively were not even sent up for trial by the police and have been brought into the ambit of this case, in view of the order taking cognizance by the court below differing with the police report, this court would find that they are entitled for grant of anticipatory bail especially when the marriage of the victim is said to have solemnized some 20 years back. That being so, if the petitioners 2 namely Munarik Yadav, Suresh Yadav and Dhan Matiya Devi, surrender within a period of four weeks from today, they would be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Jehanabad in connection with Kurtha P.S Case No. 107 of 2007 subject to the conditions laid down under Section- 438 (2) Cr. P.C and also subject to the following three conditions:- (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioners will remain present in course of trial on each and every day and their absence even for a single day would automatically entail the consequences of cancellation of their bail. (iii) The petitioners in case are now made accused in any other criminal case, that would itself lead to cancellation of their bail. Ranjan (Mihir Kumar Jha, J.)