IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7443 of 2010 1. BASDEO KHARWAR @ BASUDEO KHARWAR, son of late Sheo Jagi Kharwar 2. BIKRAMA KHARWAR @ BIKRAMA SINGH, son of Basdeo Kharwar. Both resident of village – Laruee, P.S. – Kargahar, District – Rohtas. -------------- Petitioners. Versus 1. THE STATE OF BIHAR 2. Sheo Muni Devi, wife of Late Algu Kharwar, resident of village Mohariha, P.S. – Dhansoi, District – Buxar. --------------- Opposite parties. ------- 04. 30.06.2010 Heard learned counsel for the petitioners, learned counsel for the opposite party no.2 and learned A.P.P. for the State. The two petitioners being father and son who are named accused in this complaint case being father-in-law and husband of the daughter of the complainant. Admittedly, petitioner no. 2 was married with daughter of the complainant in the year 2002. The petitioners carry allegation of demand of dowry, torture etc and also not permitting the complainant to meet her daughter. It is submitted on behalf of the petitioners that petitioner no. 2 resides at Punjab where his wife as daughter of the complainant after suffering some sort of ailment lost her life as early as in the year 2003. Some papers relating to treatment of the said victim as indoor patient appear to have been filed with endorsement. The dead body was handed over on 19.01.2003 at 11.15 A.M. to petitioner no. 2. It is also contended that this complaint was filed in retaliation of filing of another complaint bearing 1293(C)/2007 filed by one Kamlawati Devi against family members and close - 2 - relatives of the complainant. Considering the facts and circumstances of the case, in the event of their arrest/surrender within four weeks from receipt of the copy of this order, petitioners, namely, Basdeo Kharwar @ Basudeo Kharwar and Bikrama Kharwar @ Bikrama Singh, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Buxar, in connection with Complaint Case No. 1156(C)/2007 in Tr. No. 2464/2008, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition for petitioner no. 1 being senior member of the family to attend to court regularly at least for two years or till disposal of the case, whichever is earlier, on failure on two consecutive dates, privilege granted shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)