IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28228 of 2011 1. Rekha Devi, D/O-Omprakash Prasad 2. Chandan Kumar, S/O-Omprakash Prasad 3. Omprakash Prasad, S/O-Late Kharan Prasad All resident of Mohalla-Indranagar, P.S.-Chapra Town, Dist-Saran, Chapra Versus The State of Bihar ----------- 03 21.10.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. All the three petitioners apprehending their arrest in connection with a case registered for the offence punishable under Sections 498(A) and 304(B) of the Indian Penal Code, are named accused in this case respectively being sister-in-law, brother-in-law and father-in-law of the deceased daughter of the informant, who died just within seven years of her marriage under unnatural circumstances. Submission is that deceased herself committed suicide by hanging, closing the room but throughout investigation, there is none to explain and support the circumstances under which the dead body was found at open place inside the house. Further petitioner no. 2 is said to be aged about 15 years. In that view of the matter, learned counsel for the petitioners seeks permission to withdraw the application as regard to petitioner no. 2 and seek his remedy available in accordance with the law from the court below on surrender within a fortnight. Prayer is granted. Application as regard to petitioner no. 2 is disposed of as withdrawn. 2 It is submitted that petitioner no. 1, namely, Rekha Devi is married sister-in-law of the deceased residing at her husband’s place at a far distance, where just a few days before the occurrence, she gave birth of a child but there is no supporting material. However, if any material to establish this fact that she gave birth of a child just a few days before at her husband’s place, it may be considered by the court below while considering her prayer for regular bail. Petitioner no. 3, namely, Omprakash Prasad is father-in- law of the deceased and in view of non-explanation aforementioned appears not entitled for the privilege sought. Accordingly, prayer for anticipatory bail of petitioner nos. 1 and 3 in connection with Chapra (T) P.S. Case No. 53 of 2011 pending in the court of Chief Judicial Magistrate, Saran at Chapra is, hereby, rejected. SHAHZAD ( Akhilesh Chandra, J.)