IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39018 of 2009 1. Sabir Mian, son of Sailun Mian 2. Karjana Khatoon, wife of Sabir Mian Both residence of Madanpur, Police Station-Narqainpur, District-Bhojpur. …………………………..Petitioners. Versus The State of Bihar …………………………..Opposite Party. ----------- 3. 05. 04. 2010. Heard Mr. Nityanad Tiwary, learned counsel appearing on behalf of the petitioners and Mr. Ram Priya Sharan Singh, learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Narainpur P.S. Case No. 4 of 2009, dated 08. 01. 2009, registered under Sections 498 A and 307/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act. According to the prosecution case, Petitioner No. 1 is the elder brother of the husband of the daughter of the informant and Petitioner No. 2 happens to be her sister-in-law (Gotini). In the aforesaid criminal case, neither the husband nor the father-in-law have been arrayed in the category of the accused and the allegation of demand of dowry and torture is against the petitioners besides few others. Learned counsel for the petitioners submits that Petitioner No. 2 is a lady and at least her case may be considered sympathetically. He further submits that there is chance of compromise between the parties. Learned counsel for the State has strongly opposed the prayer for grant of anticipatory bail to the petitioners and has 2 pointed out that there are ample materials to show that the petitioners have committed the crime in question. However, in view of the fact that Petitioner No. 2 is a lady and she being a Gotini (sister-in-law) of the victim lady, in the event of her arrest/surrender within a period of four weeks from today, the Petitioner No. 2 namely, Karjana Khatoon, shall 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 the Judicial Magistrate, Ist Class, Bhojpur at Ara, in connection with Narainpur P.S. Case No. 4/09 (Tr. No. 1698/09), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. So far Petitioner No. 1 is concerned, in view of his relationship with the victim lady and in view of the fact that there is direct allegation against him for demand of dowry and torture, his prayer for grant of anticipatory bail is dismissed. He must surrender in the court below within a period of four weeks from today, and if so advised, seek regular bail. If such a petition is filed, then the same may be considered on its own merit without being prejudiced by the present orders. m.p. ( Birendra Prasad Verma, J.)