IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4911 of 2009 1. Gaudi Devi, Wife of Ganga Sagar Yadav. 2. Suresh Yadav. 3. Birendra Yadav. 4. Raj Kumar Yadav All 2 to 4 are sons of Ganga Sagar Yadav. 5. Ramawati Devi, Wife of Suresh Yadav, All Resident of Village- Dilawarpur, P.S.-Andar, District-Siwan. ............Petitioners. Versus THE STATE OF BIHAR .........Opp. Party. ----------- 3/ 10.08.2009 Heard learned counsel for the petitioners and the State. Petitioner No. 1 is the mother-in-law, petitioner Nos. 2, 3 & 4 are brothers-in-law and petitioner No. 5 is sisters-in-law (wife of petitioner No. 2) of Lalmuni Devi, who is alleged to have been killed by the husband of the deceased and his family members for non- fulfilment of the demand of dowry for which Andar P.S. Case No. 117 of 2006 has been registered under Sections 304B, 201/34 of the IPC read with 498A and Section 3 and 4 of the Dowry Prohibition Act. Allegation in the FIR is against all the accused. Case diary was called for, on perusal of the case diary it transpires that on the basis of supervision note submitted by Dy. S.P. charge sheet has been submitted only against the husband of the Lalmuni Devi, namely, Surendra Yadav under Section 498A of the IPC. No investigation has been done with regard to offence alleged under Section 304B, 201/34 of the IPC. As Dy.S.P. has stated in the supervision note that since the lady is missing and dead body has not traced out as such charge sheet cannot be submitted under the - 2 - serious offences which have been alleged in the FIR. On perusal of the case diary, it transpires that there was no proper investigation in this case. The Dy.S.P., has handled this case very carelessly and casually. Let this order be sent to the Superintendent of Police, Siwan to inquire into the matter and get the case properly, investigated by another Investigating Officer. So far as petitioner Nos. 1 and 5 namely Gaudi Devi and Ramawati Devi are concerned, their prayer for anticipatory bail are allowed and in the event of their arrest or surrender before the court below within a period of four weeks from today and on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan, in connection with Andar P.S. Case No. 117 of 2006 subject to the conditions as laid down under Section 438(2) Cr. P.C. In the present case, prayer for anticipatory bail on behalf of the petitioners namely, Suresh Yadav, Birendra Yadav and Raj Kumar Yadav are rejected. Sanjeet/ (Mridula Mishra, J.)