IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1226 of 2011 SHEO TAMOLI & ORS Versus THE STATE OF BIHAR ----------- 03. 04.04.2011 Heard learned counsels for the petitioners, State and informant. The petitioners being parents and the brother’s wife of the husband are apprehending their arrest in a case registered under Sections 323, 341, 307, 498A/34 of the I.P.C. Subsequently Section 304B of the I.P.C. was also added. The prosecution case is based on the statement of the victim which suggests about the demand of dowry and torture. She has also stated that the gas oven was opened by the accused persons and the victim was asked to make the water warm, when she lit the match box the whole room ignited with the flames. The victim has also admitted that the family members and the husband tried to save her in which husband received burnt injury. It is submitted by learned counsel for the petitioner that during the examination of the P.O., I.O. has recorded that husband was living 2 separate and in the separate house when the occurrence took place and this fact has been also reiterated by the informant, the father of the victim. It is further submitted that post mortem report reflects that the entire body was affected with the burn injury and in that circumstance it is not possible for the victim to give such a long statement. It is true that the accusation has been levelled by the victim in the first information report but considering the fact that the I.O. has found the victim reside with husband separately and only husband has received the burn injury and not the other family members, which creates doubt about the presence of other family members at the place of occurrence, which corroborates the factual position recorded by the I.O. Considering the aforesaid facts, let the petitioners namely, Sheo Tamoli, Feku Tamoli, Urmila Devi, and Sahodari Devi, in the event of their arrest or surrender before the Court-below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the 3 like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Roh P.S. Case No. 40 of 2010 subject to condition laid down under Section 438 (2) of the Cr.P.C. Mkr. ( Dinesh Kumar Singh, J.)