IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43365 of 2010 1. BEERA YADAV 2. Shivjee Yadav 3. Raghubir Yadav 4. Raju Yadav All sons of late Samaru Yadav. Versus THE STATE OF BIHAR ----------- 2. 26.3.2011 Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners pray for anticipatory bail in a case under Sections 341,323,498A,506,504/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioners submits that petitioner Nos.1,2 & 3 are the elder brothers of the husband of the informant and petitioner No.4 is the younger brother of the husband. It is submitted that on broadly similar allegations with respect to demand of dowry, torture and cruelty the informant had earlier filed a complaint case under Sections 323,147,148,149,498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. It is submitted by learned counsel for the petitioners that in the said case these petitioners had been granted bail by the Court and thereafter again the present police case has been - 2 - filed stating certain additional facts and incident. It is further submitted that the petitioners being the brothers of the husband of the informant have nothing to do with respect to the allegations regarding demand of dowry, etc. and on considering the facts and circumstances of the case, they had already been granted bail earlier and the filing of the police case on the same facts amounts to an abuse of the process of the Court. On a consideration of the entire facts and circumstances of the case, it is directed that the petitioners (1) Beera Yadav, (2) Shivjee Yadav, (3) Raghubir Yadav and (4) Raju Yadav in the event of their arrest/surrender in the court below within four weeks from today shall be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each in connection with Brahmpur P.S. Case No.62 of 2010 to the satisfaction of the Chief Judicial Magistrate, Buxar, subject to the other conditions laid down under Section 438 (2) of the Code of Criminal Procedure. VPS ( Ramesh Kumar Datta, J. )