IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45760 of 2009 1MAHOKHA DEVI @ MARACHHI DEVI 2.Mahanth Das, r/o village Bhaluwahia, P.S. Pursotampur, Dist. West Champaran ……Petitioners. Versus STATE OF BIHAR ----------- 3 2.4.2010 Heard the parties. Petitioners apprehend their arrest in connection with Purshottampur P.S. Case No. 26 of 2009 dated 18.9.2009 registered under section 302/201/34 of the Indian Penal Code. Learned counsel for the petitioners submits that according to the F I R vide annexure- 1, the deceased committed suicide of her own. He has also high lighted the fact that petitioner no.1 is mother-in-law and petitioner no.2 is the husband of the deceased and allegation of torture is mainly against the husband. He further submits that during the court of investigation and in supervision also it was found to be a case under section 306 of the Indian Penal Code and the supervising officer has issued a direction for submission of charge sheet under section 306 of the Indian penal Code. In that view of the matter, petitioner no.1, namely Mahokha Devi @ Marachhi Devi in the event of her arrest or surrender in the court below within four weeks from today , she shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, West Champaran at Bettiah in connection with the above noted case, subject to the conditions laid down under section 438(2 )Cr.P.C. However, so far petitioner no.2 namely Mahanth Das is concerned, he is husband of the deceased and in view of his relationship - 2 - with the deceased, his prayer for anticipatory bail is rejected. He should surrender in the court below within four weeks from today and seek regular bail, if so advised. If such a petition is filed in the court below, then the same may be disposed of on its own merit without being prejudiced by the present order. (Birendra Prasad Verma, J) M.Rahman