IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24798 of 2009 1. SERAJ KHAN, SON OF LATE ABDUL RAJAK KHAN 2. NAZMA KHATOON, WIFE OF SERAJ KHAN BOTH RESIDENT OF VILLAGE-GAMHARIYA, P.S. GURUA, DISTT. GAYA. ------- PETITIONERS. Versus STATE OF BIHAR ----------- 3. 24/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Section 304B read with Section 34 of the Indian Penal Code. Petitioners are father-in-law and mother-in-law. Learned counsel for the petitioners submits that the marriage was solemnized more that ten years back and therefore, Section 304B will not be applicable in the case. He also submits that the petitioners were living separately from their son and the deceased daughter-in-law. He further submits that their son is in jail and if the lady was strangulated as found in the postmortem report, her husband i.e. son of these petitioners can only be held responsible for the same. He also submits that the petitioners are 80 and 75 years old respectively and they are in custody since 2.4.2009. Considering the above facts and circumstances of the case and particularly old age of the petitioners, this application is allowed. Let petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, 2 Sherghati at Gaya in connection with Gurua P.S. Case No. 11 of 2009 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioners. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioners and take steps for their arrest. S.Ali (J.N. Singh, J.)