IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8271 of 2011 ROSHAN SINGH & ORS. Versus THE STATE OF BIHAR ----------- 02. 05.04.2011 Heard learned counsel for the petitioners and learned counsel for the State Mrs. Renu Kumari. The petitioner No.1 being husband and petitioner Nos. 2 & 3 being parents of the husband are apprehending their arrest in a case registered under Sections 328 & 304B/34 of the I.P.C. The marriage was performed in 2004 whereas the victim died on 13.12.2009. There is accusation of demand of dowry and torture and there is allegation that entire family members administered poison to the victim. It appears from the impugned order that informant has retracted from his initial version and a petition to that effect not only filed before the I.O. but also before the learned C.J.M. to the effect that under certain misconception the case had been lodged. It is further submitted that though investigation is not complete but so far till now police has found the case under Section 306 of the I.P.C. If the police finds offence under Section 306 I.P.C. then that would be a good ground for grant of regular bail to the husband petitioner No. 1 Roshan Singh, to whom this Court is not inclined to grant anticipatory bail, hence, his application is rejected. Let the learned Court-below consider the 2 regular bail application of petitioner No.1 in view of the retracted version of the informant and the fact as submitted by learned Senior Counsel that independent witnesses have stated that the husband was in Delhi on the date of occurrence. Considering the aforesaid submission, let the petitioners namely, Vijay Singh and Usha Devi, in the event of their arrest or surrender before the Court-below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Hilsa, Nalanda in connection with Chandi P.S. Case No. 288 of 2009 subject to condition laid down under Section 438 (2) of the Cr.P.C. Mkr. ( Dinesh Kumar Singh, J.)