IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41058 of 2009 1. AJAY KUMAR SHARMA S/O KAPIL SHARMA @ KAPIL MISTRY 2. CHAND DEVI @ CHANDA DEVI W/O AJAY KUAMR SHARMA 3. SANJAY KUMAR @ SANJAY SHARMA S/O KAPIL SHARMA @ KAPILDEO MISTRY ALL R/O VILLAGE- ALIPUR, P.S.- BUNIAYDGANJ, DISTRICT- GAYA Versus STATE OF BIHAR ----------- 3 04/02/2010 Heard Mr. Krishna Prasad Singh the learned Senior Counsel for the petitioners and learned APP for the State. The petitioners apprehend their arrest in a case registered under Sections 304B, 498A, 201/34 of the Indian Penal Code. Petitioner no. 1 and 3 are the elder and younger brother of the husband of the deceased and petitioner no. 2 is the wife of petitioner no. 1. Initially a complaint was filed which was referred to police where the regular FIR was registered on the allegation that all the accused persons have tortured the victim prior to her death in connection with dowry related demand. Another reason was that the husband of the deceased was having illicit relationship with one of the family members. Submission is that death of the deceased was duly informed and the complainant and his persons were satisfied that it was an accident on account of stove 2 burst. Later on mother of the deceased Kaushalya Devi has stated in her statement u/s 161 Cr.P.C. that no demand was ever made. Husband of the deceased is already in custody. Considering the above facts, the petitioners above named are directed to surrender before the court below within three weeks from the date of receipt/production of a copy of this order and on their so surrendering they shall be enlarged on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M./concerned Court, Gaya in connection with Buniyadganj P.S. Case No. 81 of 2009 subject to the condition as laid down under section 438 (2) of the Cr.P.C. avin (Shyam Kishore Sharma, J.)