IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17805 of 2009 1. GANESH RAM 2. SITA DEVI Versus STATE OF BIHAR ----------- 3 16.07.2009 Heard both sides. Petitioners before this court are brother-in-law and mother-in-law of the deceased They are accused in a case instituted under Sections 304B/34 of Indian Penal Code. The deceased died within two years of marriage in the matrimonial home. There appears to be an allegation that she was tortured on account of non-fulfillment of dowry. Learned counsel submits that the husband of the deceased namely Basudeo Ram shall surrender in the present case within a week from today. Referring to Annexure-2, it has been contended that the informant himself lodged a U.D case on 25.9.2008 in which there was no allegation of demand and torture at the hands of the petitioners. It is further contended that the husband of the deceased may primarily be responsible for torture and thereby causing death. It is contended that they are in custody since 8.1.2009. In the facts and circumstances of the case, let petitioners abovenamed 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 learned Chief Judicial Magistrate, Kishanganj n connection with Pothia (Paharkatta) P.S. case no. 171 of 2008 subject to the following conditions: 2 (i) one of the bailers will be own/close family member of the petitioners. (ii) The bail bonds shall be accepted only upon surrender of husband of the deceased in the court below as assured by learned counsel appearing on behalf of the petitioners. pkj ( Kishore K. Mandal, J. )