IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24367 of 2011 ====================================================== 1. Kamal Kishore Muni @ Kamal Kishore son of Dhaneshwar Muni. 2. Vimla Devi Wife of Dhaneshwar Muni resident of village Dighone P.S. Beldaur District-Khagaria. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Arvind Kumar Singh, Advocate For the Opposite Party : Mr. M.K. Nirala, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 3 15-10-2011 Heard. The petitioners apprehend their arrest in a criminal prosecution registered under Section 304 B of the Indian Penal Code. Learned counsel for the petitioners submits that petitioner no.1 is the younger brother of the husband of the deceased and petitioner no.2 happens to be the mother-in-law of the deceased. It is submitted that primal role for commission of crime in question is attributed to co-accused Pankaj Muni, the husband of the deceased. Learned Additional Public Prosecutor appearing for the State of Bihar, after going through the case diary, has opposed the 2 prayer for anticipatory bail. It is submitted that petitioners are specifically named in the First Information Report as the accused and specific allegation is that these two petitioners besides two others including co-accused Pankaj Muni and Dhaneshwar Muni administered poison, as a result of which deceased has died. Taking into consideration the serious nature of allegation, this Court is not inclined to accede to the prayer made on behalf of the petitioners for grant of anticipatory bail. It is, accordingly, rejected. The petitioners are hereby directed to surrender in the court below within a period of four weeks from today in connection with Beldour P.S. Case No. 115 of 2010 pending in the court of the learned Chief Judicial Magistrate, Khagaria and if so advised, seek regular bail, which shall be considered on its won merit without being prejudiced by the present order. Devendra/- (Birendra Prasad Verma, J)