IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2160 of 2011 1. AWADH NATH SINGH @ AWADH SINGH S/O LATE HAKIM SINGH 2. URMILA DEVI W/O AWADH NATH SINGH 3. CHANDINI KUMARI @ CHUNMUN KUMARI D/O AWADH NATH SINGH Versus THE STATE OF BIHAR ----------- 3. 11.4.2011 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 498A, 364, 368/34 of the Indian Penal Code and ¾ of the Dowry Prohibition Act. The accusation is of torturing the informant’s daughter and disappearing the dead body. It is also alleged that on threats certain signatures of the informant and his brother-in-law (Sala) were taken on the blank paper. It is submitted by the learned counsel for the petitioners that the victim gave her statement before Dahej Police, the district of Bharuch on 4.3.2010, which was recorded as dying declaration by the police. Subsequently the victim died on 9.3.2010 and on 9.3.2010 and 10.3.2010 the statements of the informant was recorded by Dahej Police. Then the inquest report was prepared and the dead body was disposed of, whereas the present case has been lodged by the informant on 27.3.2010. The victim as well as the informant in their statement recorded by Dahej Police have not raised any suspicion against the petitioners’ family including the husband. Mr. Dashrath Mehta, learned counsel for the State submits that though the informant and his family members have supported the accusation made in the aforesaid First Information Report but the case diary, which is available at present till 26.8.2010, does not reflect 2 that the local police had verified those statements of the victim and the informant recorded by Dahej Police on the date of occurrence and subsequent to the date of death. Learned counsel for the State also submits that the investigation is still pending and certain directions for verification of the statement of victim and informant were given by the supervising authority. It is expected from the petitioners to co-operate and to make themselves available to the Investigating Agency as and when required. Considering the statement of the victim and the informant on the date of occurrence recorded by Dahej Police and the fact that the petitioners are the family members of the husband of the deceased, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of 12 weeks from today in connection with Phulwaria P.S. case No.20 of 2010 on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Any default by the petitioners in co-operating during the investigation will give an opportunity to the prosecution to file an application for cancellation of anticipatory bail. S.Ali/Narendra ( Dinesh Kumar Singh, J. )