IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38198 of 2009 1. BINOD KUMAR @ BINOD PRASAD 2. REKHA DEVI Versus STATE OF BIHAR . ----------- 2 30.11.2009 Heard both sides. Petitioners, who were elder brother in law of the victim and his wife, have approached this court seeking anticipatory bail in a case instituted under Section 304B of Indian Penal Code. Looking to the F.I.R., it appears that within four years of marriage, victim was done to death in the matrimonial home in a suspicious circumstance. There is allegation of demand of dowry and on non-fulfillment thereof, torture at the hands of the accuseds. Petitioners are named in the F.I.R.. Learned counsel while pressing this application, submits with reference to Annexure-2 that there is a “Khista Batwara” between the brothers and father. Referring to Annexure-4, it is submitted that petitioners are residing at a different place in a rented house. Be that as it may, having regard to the allegations and materials available on record in support thereof, this court is not persuaded to extend the privilege of anticipatory bail. The prayer is accordingly rejected. Let the petitioners surrender in the court below and apply for regular bail which shall be considered on its own merit uninfluenced by the present order. pkj ( Kishore K. Mandal, J. )