IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39628 of 2010 1. Rameshwar Paswan @ Rameshwar Paswan 2. Kailashi Devi, wife of Rameshwar Paswan @ Rameshwar Pd., both are resident of village- Sudhawara, Bishunpur, P.S. Kurhani, Distt. Muzaffarpur --- Petitioners. Versus State of Bihar --- Opp. Party. ----------- 2 03-11-2010 Heard the parties. The petitioners apprehend their arrest in a criminal prosecution originally registered under section 302 of the Indian Penal Code as also under section 3/4 of the Dowry Prohibition Act. It is submitted that petitioner no.1 is the father-in-law and petitioner no.2 happens to be mother- in-law of the deceased and both the petitioners, besides the husband and other in-laws of the deceased, have been arrayed as accused in the F.I.R., vide Annexure-1. On close of investigation police submitted final report, vide Annexure-2, on 13.12.2008 as a “mistake of fact”. However, the learned Chief Judicial Magistrate, Muzaffarpur disagreed with the police report and by his order dated 12.01.2010 has taken cognizance under sections 302, 304B of the Indian Penal Code as also under section 3/4 of the Dowry Prohibition Act. Learned counsel for the State has opposed the prayer for anticipatory bail. Taking into consideration the fact that 2 criminal case lodged by the informant was not supported by the independent witnesses and final report, vide Annexure-2, was submitted as a “mistake of fact” , the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks from today, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Sri N.K.Thakur, Judicial Magistrate, Ist Class, Muzaffarpur in Ahiyapur P.S. Case No. 429 of 2007, subject to conditions as laid down under section 438(2) of the Cr. P.C. BTiwary/ (Birendra Prasad Verma, J.)