IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21761 of 2011 1. Ram Balak Thakur, son of Late Jageshwar Thakur 2. Mithilesh Devi, wife of Ram Balak Thakur Both resident of village – Panshalla, P.O. - Narayan Piper, P.S. – cheriya, District – Begusarai. 3. Pratima Devi, wife of Jawahar Sharma 4. Jawahar Sharma, son of Yogendra Sharma Petitioners no. 3 and 4 are resident of village – Dargahpur, P.S. – Bachhwara, District – Begusarai. 5. Nigam Devi, wife of Krishna Murari Ray, daughter of Ram Balak Sharma, resident of village – Dasaut, P.S. – Hathauri, District – Samastipur. 6. Ajit Kumar @ Rajesh Kumar Thakur, son of Ram Balak Thakur, resident of village Pansalla, P.S. – Cheriya, Bariyarpur, District – Begusarai. ---------- Petitioners. Versus The State Of Bihar ---Opposite Party ----------- For the petitioners : Mr. Arun Kumar, Adv. For the Opp. Party : Mr. San Deep Kumar Singh, Adv. For the State : Mr. Abhay Kumar, APP 02. 22.07.2011 Heard learned counsel for the petitioners, learned counsel for the substituted complainant (father of the deceased complainant) and learned Additional Public Prosecutor for the State. The petitioners apprehending their arrest in connection with Complaint Case No. 1571C/2009 for the offences under Section 304B of the Indian Penal Code, pending in the court of Sub-Divisional Judicial Magistrate, Begusarai. The petitioners are in-laws of the complainant who was married with non-petitioner Saket Kumar in the year 1997 was blessed with 2 two children and to get her husband who suffering from some mental ailment at Delhi for treatment where she maintained by doing private job. Subsequently, she also fell ill came back to her sasural and remained there for about four years, where as alleged, she was not given due treatment rather tortured physically and mentally came back to her father’s place where she survived for three months and died. Nothing was done as regard to post mortem examination etc. nor any authority was intimated during inquiry, as evident from the statement of the witnesses examined during inquiry including parents of the deceased complainant. Petitioners appear entitled for the privilege sought. Considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the above-named petitioners be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Begusarai, in connection with Complaint Case No. 1571C/2009, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to 3 attend the court regularly at least for two years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/ ( Akhilesh Chandra, J.)