IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.32467 of 2009 1. RITA DEVI Wife of Mohan Mallik 2. Mahendra Mallik son of Dihal Mallik 3. Mohan Mallik son of Dahaur Mallik 4. Ramesh Mallik son of Late Uttam Mallik Versus STATE OF BIHAR ----------- 3/ 05.03.2010 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case registered for the offence under Sections 302, 328/34 of the Indian Penal Code. The informant stated that his daughter Sunita Devi was married to Binod Mallik, 15 years back. His son-in-law, Binod Mallik, died seven years back. The informant alleged that the accused persons used to torture her for the death of Binod Mallik. The informant got information on 29.10.2008 that the accused persons killed his daughter by administering poison. Learned counsel submits that the allegations are false. He further submits that petitioner no.1 is Gotani of the deceased. Petitioner no.3 is the husband of petitioner no.1 and petitioner nos. 2 and 4 are co-villagers. Learned counsel further submits that just after the occurrence, the petitioners took her for treatment to DMCH where she died. It appears that the informant has made allegations against the accused persons. However, having regard to the facts and circumstances of the case, in the event of arrest or surrender within six weeks from today before the court below in connection with Kalyanpur P.S. case no. 265 of 2008, petitioner no.1, Rita Devi, shall be released on bail on furnishing bail bond of Rs.5,000/- (Five - 2 - thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. However, other petitioners i.e. petitioner nos. 2 to 4 are concerned, I am not inclined to grant anticipatory bail to them. Their prayer for anticipatory bail is rejected. They will surrender and seek regular bail within six weeks from today before the court below, which would be disposed of preferably on the same day without being prejudiced by this order. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)