IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15324 of 2010 1. BABLU PANDIT 2. PAPPU PANDIT 3. ATWARI DEVI 4. GITA DEVI 5. MALA DEVI ------------------------------ PETITIONERS Versus THE STATE OF BIHAR ----------- 4 28.9.2010 Heard learned counsel for the parties. There is every allegation regarding demand of dowry, causing of cruelty and killing the deceased by setting her on fire. Cognizance is taken in the case basing protest cum complaint including statement of parental family members including son of the deceased who states about setting her mother on fire but only after one and half year of the incident produced by maternal family members only of seven years. Something is admitted to the parties that after receiving burn injury, she was taken to Primary Health Centre, referred to P.M.C.H. and then was taken to Budha Burn Hospital. Husband having some burn injury including other in-laws were there in the hospital where she breathed her last. Now submission of learned counsel for the petitioners is that petitioners are two 2 elder brothers of the husband, his mother and wives of elder brothers. While the victim lady was admitted to Budha Burn Hospital, her father made a Fardbeyan to A.S.I. of Patrakar Nagar Police Station, basing which U.D. Case was lodged and his statement is to the effect that after marriage deceased was residing at her in- laws’ house with no complaint and caught fire in her cloths while she was cooking. Further an attempt was made by her sister-in-law who also received some injuries. Thereafter a complaint was lodged, after investigation final form was submitted. In face of discussed circumstance, allegation leveled in protest cum complaint including statement of deceased’s son may never be taken for refusal of anticipatory bail. Thus, having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Rakesh Mishra, Judicial Magistrate, Saran at Chapra in 3 Complaint Case No. 1664/2007 arising out of Chapra Nagar P.S. Case No. 164/07, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)