IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50416 of 2008 1. RAJ KUMAR YADAV, S/o- Rohan Yadav, 2. Kadru Yadav, S/o- Raj Kumar Yadav, 3. Chandrabi Devi, W/o- Raj Kumar Yadav, All resident of Village- Hanumatta, P.S.- Bounsi, District- Banka :----- Petitioners. Versus STATE OF BIHAR:------Opposite Party ----------- 03. 30.06.2009. Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a case which was initially registered as a complaint case for the offence under Section 302 and other allied Sections including Section 498A of the Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. Later the case was referred to the police on the basis of which First Information Report was drawn. It is submitted on behalf of the petitioners that allegation under Section 302 is not made out as the son of the complainant/informant died on account of ailment which is evident from the statement of the two witnesses, namely, Chamru Yadav and Fuleshwar Raut shown as Witness Nos. 1 and 5 in the complaint itself. Let the petitioners, namely, (1). Raj Kumar Yadav, (2). Kadru Yadav and (3). Chandrabi Devi surrender in the court below within a period of four weeks from today and if the court below is satisfied that the offence under Section 302 of the Penal Code is not made out as the deceased died on account of ailment/stomach-ache, they be admitted to the privilege of bail on furnishing bail bonds of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Banka in connection with Bounsi - 2 - P.S.Case No. 02 of 2006, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Until such verification, no coercive steps be taken against the petitioners. Let this order be communicated to the court below through fax on payment of usual charges by the petitioners. P.K.P. (V.N.Sinha,J.)