IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11981 of 2008 JAI NARAYAN YADAV @ JAG NARAYAN YADAV S/O-Late Ram Chandra Yadav, R/O-Vill-Chakla, P.S.-Baheri, Distt.-Darbhanga. Versus STATE OF BIHAR WITH Cr.Misc. No.11117 of 2008 SITA DEVI W/O-Jai Narayan Yadav @ Jag Narayan Yadav, R/O-Vill-Chakla, P.S.-Baheri, Distt.-Darbhanga. …………………………………………..Petitioners. Versus STATE OF BIHAR ----------- 6/ 06.01.2009 Heard learned Counsel for the petitioners and learned Counsel appearing on behalf of the State. Both above these anticipatory bail applications have arisen out of one occurrence. These have been heard together and are being disposed of by this common order. The petitioners apprehend their arrest in Baheri P.S. Case No. 06 of 2007 registered under Sections 304B/34 of the Indian Penal Code. The petitioners are named accused of a case in which allegation is that informant’s grand daughter Rubi Devi married 2 ½ years prior to the occurrence with the son of the petitioners, was killed. The informant has alleged that Rs. 1 lakh was deposited in the name of Rubi Devi. The accused persons have withdrawn Rs. 50,000/-. She was being pressurized to demand Rs. 50,000/- more. Ultimately she was killed. Submission is that the ingredients of Section 304B of the Indian Penal Code are lacking because there - 2 - is nothing in the First Information Report or in the case diary that soon before the case the victim was subjected to torture in connection with dowry related demands. The petitioner Jai Narayan Yadav was not present at the time of occurrence. He has joined his duty prior to the occurrence. The place of posting and P.O. village is at a distance of about 145 kms. So, it was not possible that he will remain in the village at the time of occurrence. The allegation is under Section 304B of the Indian Penal Code. The informant has alleged in his fardbeyan that how Rs. 50,000/- was withdrawn which was in the name of his grand daughter Rubi Devi by all the accused persons. The plea was taken that the death was on account of coldn has not been found true and the death is on account of poisoning which has been confirmed by the report of Forensic Science Laboratory. Considering this, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly their prayer for anticipatory bail is rejected. The petitioners may surrender and take all these pleas after filing their bail applications. kksinha/ (Shyam Kishore Sharma, J.)