IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38073 of 2009 1. Saidul, S/o. late Asiruddin, 2. Hasina Khatoon, w/o. Saidul, 3. Mahsin, S/o. Saidul, 4. Sahebi Khatoon, w/o. Mahsin, 5. Israful, S/o. late Nasiruddin, 6. Zafar, S/o. Israil, All r/o. Village- Rahmatpur, Fudkipur, P.S. Azamnagar, District- Katihar. Versus STATE OF BIHAR ----------- 03. 08.03.2010 The six petitioners apprehend their arrest in Azamnagar P.S. Case No. 14 of 2009 under Sections 304B, 201 & 120B of the I.P.C. The allegation is that these petitioners being the in-laws committed dowry death of the deceased due to non-fulfillment of demand of dowry of Rs.25,000/- and that without information to deceased’s Maika family the dead body was buried. So far petitioner No.2 Hasina Khatoon, the mother-in-law and Sahebi Khatoon, Gotni of the deceased are concerned, learned counsel for the petitioners says that they are the lady members of the family and there is nothing specific against them. It is also submitted that co-accused Md. Hashim, the husband of the deceased has been allowed regular bail vide order dated 26.10.2009 passed in Cr. Misc. 2 No. 27698 of 2009. Mr. R.P.S. Singh, the learned Addl.P.P. submits that in this case the dead body was taken out from grave and post mortem was done and the doctor suspected it the case of strangulation. Learned counsel submits that since strangulation was suspected and on consideration of it bail was granted to deceased’s husband under the aforesaid Cr. Misc. No. 27698 of 2009. The learned Addl.P.P. submits that there are allegation against the accused persons of causing death due to non-fulfillment of demand of dowry. In view of the facts and circumstances, I do not feel inclined to grant anticipatory bail to petitioner Nos. 1, 3, 5 & 6 namely, Saidul, Mahsin, Israful and Zafar. Hence, the prayer for anticipatory baill of these petitioners are rejected. However, considering the facts and circumstances of the case and also considering that the petitioner Hasina Khatoon and Sahebi Khatoon are females were allowed anticipatory bail. They are 3 directed to surrender before the Court below within two weeks from today, on their surrender they 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 Chief Judicial Magistrate, Katihar in connection with Azamnagar P.S. Case No. 14 of 2009. Mkr. (C.M. Prasad, J.)