IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38582 of 2009 1. Jitu Mahto, son of Late Lacho Mahto. 2. Sabiya Devi, wife of Jitu Mahto, Both resident of Village-Purani Juri, P.S. Pakribarawan, District-Nawada. …………………………..Petitioners. Versus The State of Bihar ………………………….Opposite Party. For the petitioners :- Mr. S. K. Thakur, Advocate. For the State :- Mr. Ram Priya Sharan Singh,A.P.P. For the Informant :- Mr. Ravi Bhushan Prasad, Advocate. ----------- 4. 18. 03. 2010. Heard learned counsel for the petitioners, learned counsel for the Informant and learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in a case instituted under Sections 304B, 201/34 of the Indian Penal Code. At the very outset, learned counsel for the petitioners states that petitioners had earlier moved this Court for grant of anticipatory bail by filing a Cr. Misc. No. 51495 of 2008, but it was dismissed for non-prosecution on 08. 05. 2009. Subsequently, petitioners filed another Cr. Misc. No. 21729/09 seeking restoration of the earlier main petition, but unfortunately the prayer for restoration was also rejected by order dated 01. 07. 2009, by a Bench of this Court. Thereafter, the present application has been filed afresh on merit. Learned counsel for the petitioners submits that they are father-in-law and mother-in-law of the deceased and after close of investigation, Police submitted Final Report against these petitioners finding accusation against them to be 2 false. Final Report has been brought on record vide Annexure- 4. Learned counsel for the petitioners has also drawn my attention to the order dated 10.11. 2008 passed in Cr. Misc. No. 23571/2008 by which a Bench of this Court was pleased to allow the prayer for anticipatory bail made on behalf of co-accused Vijay Mahto and Dharo Mahto. In response to query, learned counsel for the petitioners has fairly stated that the husband of the deceased was still absconding. Learned counsel for the informant as also the State have fairly conceded that if the husband of the deceased surrenders in the court below, then prayer made on behalf of the petitioners may be considered favourably. In the facts and circumstances, the petitioners, namely. Jitu Mahto and Sabiya Devi, in the event of their arrest/surrender within a period of four weeks from today, shall be admitted to bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, in connection with Pakaribarama P.S. Case No. 39 of 2004, subject to the conditions as laid down under Section 438(2) of Cr.P.C. with a further condition that prior to admission of two petitioners on bail, co-accused 3 Satyendra Prasad, husband of the deceased must surrender in the court below. Learned court below before accepting the bail bond of the petitioners must be satisfied that the husband of the deceased has been taken to judicial custody. m.p. (Birendra Prasad Verma,J.)