IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11022 of 2010 1. SAH DEO YADAV,s/o Late Mohan Yadav 2. Binay Yadav,s/o Sahdeo Yadav Both are resident of Village- Newatapur,P.S.-Bodh Gaya,District-Gaya. .. .. .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party ----------- 02/ 23-04-2010 Heard Mr. Shakil Ahmad Khan, learned senior counsel appearing on behalf of the petitioners and Mr. Kumar Priya Ranja, learned Additional Public Prosecutor for the State as also Mr. Arvind Kumar Singh, learned counsel appearing on behalf of the informant. Petitioners apprehend their arrest in connection with Bodh-Gaya P.S.Case No.200 of 2009 dated 14-09-2009, registered under Sections 304B, 201/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that petitioner no.1 is the father-in-law and petitioner no.2 is the younger brother of the husband of the deceased. It is also stated that the main accused Ajay Yadav, husband of the deceased, is already in judicial custody. So far petitioner no.2 is concerned; learned counsel for the petitioners submits that he is minor. It is also submitted that even according to the prosecution case there is no direct material to show the complicity of the petitioners in commission of the crime in question. Learned counsels for the State and the informant have opposed the prayer for anticipatory bail made on behalf of the petitioners and have submitted that there are ample materials to 2 show the complicity of the petitioners also in commission of the crime in question Be that as it may, in view of the nature of the allegation and in view of the relationship of petitioner no.1-Sah Deo Yadav, being father-in-law of the deceased, his prayer for anticipatory bail is rejected. He must surrender in the court below within a period of four weeks from today and seek regular bail, if so advised. If such a petition is filed, the same may be considered and disposed of on its own merit without being prejudiced by the present order. However, so far petitioner no.2-Binay Yadav, is concerned, he is Dewar of the deceased and he is stated to be minor, and in that view of the matter, in the event of arrest/surrender within a period of four weeks from today in the above noted case, petitioner no.2 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 Chief Judicial Magistrate, Gaya, 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.)