IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8127 of 2009 1.DWARIKA PRASAD son of late Kamla Prasad 2.Ramkrishna Agrahari @ Ramjee Prasad, son of Sri DwarikaPrasad, resident of village- Katra near Old Dharamshala,P.S.Bhagwan Bazar, Dist.-Saran. Versus STATE OF BIHAR ----------- 4. 27.7.2009. Heard learned counsel for the petitioners and the State. The petitioners are accused of a case which has been registered under sections 498A and 304B/34 of the Indian Penal Code. Informant’s sister Soma Devi was married on 10th March 1999 with Ramkrishna Agrahari @ Ramjee Prasad petitioner no.2 son of petitioner no.1. Subsequently she was killed within seven years of marriage on account of her inability to bring desired article. Petitioner no.1 is in custody since 27.10.2004 and petitioner no.2 is in custody since 26.6.2005. Report called for has been received. From the report it appears that witnesses have been examined and the case has been fixed for examination of investigating officers. Considering the facts and circumstances of the case petitioner no.1, who is father of husband of the deceased, is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-F.T.C.-1, Saran, Chapra in connection with Sessions Trial No.277 of 2005 arising out of Bhagwanpur Bazar P.S.Case No.133 of 2004. The case of petitioner no.2, who is husband of the deceased - 2 - cannot be said to be identical to that of petitioner no.1, who is father of petitioner no.2, so far as matrimonial case is concerned. Therefore, I am not inclined to grant bail to petitioner no.2. Accordingly, prayer for bail of the petitioner no.2 is rejected. Md.S. (Shyam Kishore Sharma,J.)