IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27066 of 2009 1. BHIKHAR RAI @ BHIKA RAI, son of Jagbir Rai 2. Ramkali Devi, wife of Bhikhar Rai Both residents of village Bhopatpur Navka Tola, P.S.-Kotwa, District-East Champaran at present residing at Naharbari, Purana Bazar District-Dimapur, Nagaland-------------------------------------------------------------------Petitioners. Versus STATE OF BIHAR ----------- 2. 31.8.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that though allegation is made for demand of dowry and causing of cruelty and thereafter killing at the hands of all the family members but really death was due to ailment while the deceased was residing at Dimapur with all the family members of the petitioners. Deceased was admitted to Government Hospital there, she died there and a certificate to the above effect even issued by the Hospital. Annexure-4 is the photo copy of the certificate issued by the Hospital and petitioners, who are parents of the deceased’s husband, are apprehending their arrest which can never be justified. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order the above named petitioners shall be released 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 Sri S.D. Upadhayay, Judicial Magistrate, Ist Class, Motihari, in connection with Complaint Case no.866 of 2008 , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )