IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36232 of 2008 RABIYA BEGUM Versus THE STATE OF BIHAR ----------- 2/ 11/11/2008. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is stated to be unmarried sister of the husband apprehending arrest in a police case under Sections- 304B and 120B of I.P.C. It is submitted that the allegations are general and omnibus against the entire family. That the petitioner was an unmarried girl and therefore deserved privilege of anticipatory bail. The allegations were originally in the form of a complaint case. It describes the petitioner as an unmarried girl, aged 23 years. Undoubtedly under Section-304B of I.P.C. the onus is on the prosecution, but that has to be balanced with the consequences of sending an unmarried young girl to the jail, an environment not conducive for her. Unfortunately the impugned order of rejection is mechanical in nature without even discussing the nature of the materials available against the petitioner so as to subject her to the rigours of custody notwithstanding that she was an unmarried young girl, the environment of a jail not being - 2 - conducive for her when allegations were generalized. Having considered the facts and circumstances of the case, let the petitioner above named surrender before the court below within four weeks when she shall be enlarged on anticipatory bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in Taraiya P.S. Case No.20/06, subject to the conditions laid down under Section-438(2) Cr.P.C. KC ( Navin Sinha, J )