IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45376 of 2009 1. Sarita Devi, W/o Deepak Kumar @ Deepak Yadav R/o Village-Shiswan, P.S. Gogri, District-Khagaria. 2. Bramhadeo Yadav, S/o Late Saryug Yadav. 3. Rajesh Ranjan @ Rajesh Kumar Yadav, S/o Bramhadeo Yadav. Both R/o Village- Bandehara, P.S. Pasraha, District-Khagaria. ………Petitioners. Versus The State of Bihar …………………………Opposite Party. ----------- 4. 25. 03. 2010. Heard Mr. Ashwani Kumar Singh, learned senior counsel for the petitioners and Mr. R. B. Roy Raman, learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Munger (M) P.S. Case No. 196 of 2007 arising out of Complaint Case No. 823© of 2007 registered under Sections 498 A, 364, 304 B, 316 and 120B of the Indian Penal Code and 3 and 4 of Dowry Prohibition Act. It is submitted by the learned counsel for the petitioners that Petitioner No. 1, Sarita Devi is the co-wife of the husband of the deceased, Petitioner Nos. 2 and 3 are father and brother of Petitioner No.1. It is further submitted that there was no motive for Petitioner Nos. 2 and 3 to participate in offence in question and they are not alleged to have made any demand of dowry and torture upon the deceased. According to him Petitioner No. 1 is also a victim and merely suspicion is there against her. By referring to Annexure-1, it is submitted that mother-in-law of the deceased has been extended privilege of anticipatory bail. By referring to para 4 2 and 5 of this petition, it is stated that father-in-law and husband of the deceased have been granted regular bail by this Court. Learned counsel for the State has not disputed the aforesaid position, but submitted that Petitioner No.1 had strong motive for commission of the crime in question. Be that as it may, the Petitioner Nos. 2 and 3, namely, Bramhadeo Yadav and Rajesh Ranjan @ Rajesh Kumar Yadav, in the event of their arrest/surrender within a period of four weeks from today, shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger, in connection with Munger (M) P.S. Case No. 196 of 2007, subject to the conditions as laid down under Section 438(2) of Cr.P.C. So far Petitioner No. 1 is concerned, her prayer for grant of anticipatory bail is rejected. She must surrender in the court below within a period of four weeks from today and if she makes prayer for regular bail, then the same may be considered on its own merit without being prejudiced by the present order. m.p. (Birendra Prasad Verma,J.)