IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23355 of 2009 1. RAMJEE MAHTO 2. BUDHAN MAHTO 3. SUGANDHI DEVI @ SUGANTI DEVI Versus STATE OF BIHAR ----------- 2. 30.07.2009 Heard counsel for the parties. Petitioners are father-in-law, elder brother-in-law and sister- in-law of the victim. They are facing prosecution u/s 304-B and 201/34 including section ¾ of the Dowry Prohibition Act. The victim was done to death in her matrimonial home in the year 2004. Admittedly, the marriage took place in the year 2003. There appears to be allegation of demand of dowry followed by torture. Counsel for the petitioners submits that the husband and the mother-in-law of the victim were tried and for want of sufficient evidence, they have been acquitted by judgment and order dated 15.06.2006 passed in Sessions Trial No.69 of 2005. It appears that the petitioners are in custody since 30.03.2009. Thus, it is manifest that they absconded for about five years. Neither the petitioner nor the APP is able to submit as to what is the position of the trial of the present petitioners. Having regard to the facts and circumstances of the case, this Court while rejecting the prayer made on behalf of the petitioners directs as under: “Let the trial court take steps to take up the trial and examine all the prosecution witnesses on or before - 2 - December 21 2009, failing which the petitioners abovenamed shall be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the trial court in connection with Pipra P.S.Case No. 41 of 2004 , subject to the conditions that one of the bailors in case of each of the petitioner shall be their own/close family members and that they shall appear in person on each date fixed in trial. In case of non-appearance, it will be open to the trial court to cancel their bail bonds.” hr ( Kishore K. Mandal )