IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14252 of 2009 1. GOPAL YADAV,S/o late Radhe Yadav 2. Bhudhan Yadav @ Bhushan Yadav,son of late Radhe Yadav 3. Koshila Devi,wife of Gopal Yadav All resident of village-Jakhajore, P.S.-Katoria,District-Banka. Versus THE STATE OF BIHAR ----------- 03/ 21-05-2009 Heard learned counsel for the petitioners and the State. Petitioners, who are Bhainsur, Dewar and Gotani of the deceased, along with husband and other family members have been alleged for demand of dowry and causing cruelty for its non-fulfilment and killing the deceased in which submission of the learned counsel for the petitioners is that a U.D.case was filed by the father of the deceased, who was called by the family members of the husband for showing that it was Diarrhoea due to which death occurred. Moreover, marriage was earlier to the stipulate period of seven years, which is one of the ingredients for constituting offence under Section 304B of the Penal Code and in absence thereof reason for killing and corroborating evidence are lacking for rejection of their anticipatory bail. Accordingly, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from today in Katoria P.S.Case No.39/2005, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, subject to the 2 conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )