IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1876 of 2009. 1. Rajeev Mishra s/o Birendra Mishra. 2. Naveen Mishra. s/o Birendra Mishra. 3. Mithilesh Devi wife of Brendra Mishra. All residents of village Chammuk P.S.Blochhan, Muzaffarpur. Versus STATE OF BIHAR ----------- 3. 11.05.2009 Petitioner No.3 Mithilesh Devi is the Gotani of deceased and petitioner Nos. 1 and 2 are her sons. Petitioners apprehend their arrest in Bochahan P.S.Case No. 70 of 2003 dated 13th June 2003 under Sections 304-B, 120-B as well as 201 IPC. The informant alleged that he had married his daughter Shyama Kumari to Sunil Mishra in the year 1996 but she was being tortured and harassed in connection with demand of dowry and that on 10th June 2003, petitioner and others killed the deceased due to non-payment of dowry. Learned counsel for the petitioner submits that vide Annexure-2 which is voter list for the year 1995, the name of the deceased is mentioned at Sl.No.26 as the wife of Sunil Mishra. He continues to submit that the marriage was performed prior to the year 1995 and, thus, the alleged occurrence did not take place within seven years of marriage, hence Section 304-B IPC is not attracted. It is also submitted that the allegation is of general and omnibus nature without any specific attribution against any of the petitioners. Learned counsel for the petitioner also submits that the husband of the deceased is already in 2 custody. Further submission is that vide Annexure-3 the informant of the case has sworn an affidavit before the Chief Judicial Magistrate, Muzaffarpur with averment that the deceased had, in fact, died of the ailment of epilepsy and that he had lodged the F.I.R. out of anger and misinformation. Mr. Rajendra Singh Shastri, learned A.P.P. does not point out any other material. Under the circumstances, above named petitioners, in the event of their arrest or surrender within two weeks, are directed to be released on anticipatory bail on their furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Bochahan P.S. Case No.70 of 2003, subject to the conditions laid down u/s 438(2) Cr.P.C. Jay/ ( C. M. Prasad. J. )