IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15980 of 2009 1. KUSHUMBATI DEVI 2. Yogendra Yadav 3. Shatrudhan Yadav @ Shatrudhan Yadav 4. Rajendra Yadav 5. Mohan Yadav Versus The STATE OF BIHAR ----------- 2/ 13.05.2009 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners along with others have been alleged for demand of dowry causing of cruelty and ultimately, killing the deceased by pressing her neck due to non-fulfillment of dowry. In such case, submission of the learned counsel for the petitioners is that witnesses are there to state the death due to diarrhoea. Petitioner no. 1 is mother- in-law, petitioner nos. 2, 3 and 4, brother-in-law and petitioner no. 5 is distant relative of the deceased have no concern with the affair of the husband. I find it clear from the rejection order of the Additional Sessions Judge that prosecution witnesses are there to support the allegation. It is not the stage when prosecution case can be doubted taking into consideration the statement of witnesses, which can be taken as defence. No doubt petitioner no.5 is a distant relation and having hand in killing can easily be doubted for anticipatory bail. Accordingly, the prayer of petitioner no. 5 for grant of anticipatory bail is allowed. As about rest petitioners’ case are concerned, they belong to same family alleged for demand causing cruelty for its non- fulfillment, death within seven years in matrimonial house and disposal 2 of the dead body according to the prosecution without informing parents’ family and un-natural death also. Under the discussed suggested circumstances, the prayer for grant of anticipatory bail of petitioners no. 1 to 4 is rejected. In the event of arrest or surrender within one month from today in connection with Triveniganj P.S. Case No. 176 of 2008, above named petitioner no.5 shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Supaul subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)