IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51557 of 2008 1.NAWAL MAHTO 2.SHAMBHU MAHTO, Both sons of Sita Ram Mahto, resident of Ajgarwa, P.S. Pakridayal, District East Champaran -----Petitioners Versus STATE OF BIHAR ----------- 2. 26.2.2009 Heard the learned counsel for the petitioners and the State. The offence alleged against the petitioners, who are apprehending their arrest in connection with Pakridayal P.S. Case No.91 of 2006, is under sections 498A, 304B and 201/34 of the Penal Code and section 3/4 of the Dowry Prohibition Act. It is submitted on behalf of the petitioners that earlier an anticipatory bail application, vide Cr.Misc. No.49578 of 2007, was filed in which petitioner no.1 was not a party. However, petitioner no.2 was a party. With reference to paragraph 3 of the petition, it is submitted that, in fact, co-accused Sitaram Mahto was arrested and as such prayer was made for withdrawal of the petition on behalf of petitioner no.1 Sitaram Mahto. However, on certain confusions, on the submission of the petitioners, the entire application was dismissed as withdrawn. The learned counsel for the petitioners submits that co-accused Sitaram Mahto was put on trial vide Sessions Trial No.166/07. Upon trial co-accused Sitaram Mahto, father-in-law of the deceased, was acquitted. In the said trial, the informant, the brother of the deceased, deposed as per the deposition as contained in Annexure 2 B to the supplementary affidavit filed today, to the effect that her sister never complained of demand of dowry and as a matter of fact, she died as a natural death on account of illness. As such, the petitioners, the husband and the brother-in-law, have committed no offence and are apprehending their arrest. The learned counsel for the State submits that the informant had deposed in the case denying the allegation. Considering the facts and circumstances of the case, let petitioners no.1 and 2 above named, in the event of their arrest or surrender in connection with Pakridayal P.S. Case No.91 of 2006, within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)