IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25391 of 2010 RANJAY THAKUR Versus The STATE OF BIHAR ---With--- Cr.Misc. No.21368 of 2010 1. PRADEEP THAKUR 2. Sunil Thakur 3. Vijay Thakur 4. Bijanti Devi 5. Nirmala Devi 6. Dewanti Kumari 7. Chinta Devi 8. Biran Thakur Versus THE STATE OF BIHAR ------ 2/ 13.08.2010 Heard learned counsel for the petitioners and learned counsel for the State. Petitioner of Cr. Misc. No. 25391 of 2010 is husband and in Cr. Misc. No. 21368 of 2010, petitioner no.1 is father-in-law, petitioners no.2 and 3, brothers-in-laws, petitioner no.4, Gotni, petitioner no.6, un-married Nanad, petitioners no.7, mother-in-law and petitioner no. 8, Samadhi of petitioner no.1. Submission of the learned counsel for the petitioners is that by mistake deceased provided pesticides in stead of tonic to her baby and reacting thereon consumed herself the same pesticides. Incident was immediately informed to the informant and his family members at two occasions, while she consumed poison and after her death that was informed to the Police also. U.D. case has been lodged and later the same was realized by the informant himself who filed a petition exonerating petitioners from demand of dowry and having any ill motive is not acceptable for all. As it is an admitted case of consumption of poison followed by allegation of demand of dowry torture for its 2 non-fulfillment soon before the death in matrimonial house within seven years of the marriage and unnatural death. Mistake to provide pesticide to her baby by the deceased is not supported by the petition given in the Court of C.J.M. by the informant. In that mental condition has been shown for giving pesticides to the baby and herself. No doubt, petitioner no. 8 of Cr. Misc. No. 21368 of 2010 is not family member of in-laws, petitioners no. 4 and 5 are sister-in-laws (Gotni) having status of the deceased in the family, petitioner no.6 un-married daughter. They may have, if any, hand not to extent to refusal of their anticipatory bail. Considering the facts and circumstances of the case, prayer of the petitioners no. 4, 5, 6 and 8 of Cr. Misc. No. 21368 of 2010 is allowed and at the same time, prayer of rest of the petitioners in both the cases is hereby rejected. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Madanpur P.S. Case No. 17 of 2010, above named petitioners no. 4, 5, 6 and 8 of Cr. Misc. No. 21368 of 2010 shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Aurangabad subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)