IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42130 of 2010 1. Binni Kumari daughter of Jang Bahadur Singh, 2. Mithilesh Devi wife of Jang Bahadur Singh, Both resident of village- Bhandajor, P.S. Roh, District- Nawada – Petitioners. Versus THE STATE OF BIHAR--- Opp. Party. ----------- 2/ 26-11-2010 Heard the parties. The petitioners apprehend their arrest in a criminal prosecution registered under section 304(B) of the Indian Penal Code. Altogether four persons including the petitioners are named in the F.I.R. as accused and they all are alleged to have made a demand of dowry and subjected the deceased to torture, leading to her unnatural death. Learned counsel for the petitioners submits that petitioner no.1, Binni Kumari, is unmarried ‘nanad’ and petitioner no.2, Mithilesh Devi, happens to be mother-in- law of the deceased. Learned counsel for the petitioners has further highlighted that according to prosecution case itself, the primal role for committing the crime in question has been attributed to the husband and father-in-law of the deceased and the petitioners, being ladies, their cases may be considered sympathetically . Be that as it may, in the facts and circumstances of the case, in view of the nature of allegation and in view of relationship of petitioner no.2, being the mother-in-law of the deceased, this Court is not persuaded to accede to 2 the prayer made on her behalf for grant of anticipatory bail. Her prayer for anticipatory bail is rejected. She must surrender in the court below within a period of four weeks from today and seek regular bail, if so advised, which shall be considered on its own merit without being prejudiced by the present order. However, so far as petitioner no.1 is concerned, taking into consideration the relationship with the deceased, being her ‘nanad’, in the event of her arrest or surrender within four weeks from today, she (Binni Kumari) shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Roh P.S. Case No. 42 of 2010, subject to conditions laid down under section 438(2) Cr. P.C. BTiwary/ ( Birendra Prasad Verma, J.)