IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27708 of 2008 RAJ KUMAR MAHTO……. PETITIONER Versus STATE OF BIHAR …..OPPOSITE PARTY WITH Cr.Misc. No.27710 of 2008 1. LAKSHMI MAHTO 2. SUMITRA DEVI @ SUNITA DEVI 3. DHARMENDRA MAHTO 4. NISHA DEVI …………….PETITIONIERS Versus STATE OF BIHAR …….. OPPOSITE PARTY. ----------- 3. 30.9.2008. Heard both the sides. Petitioners apprehend their arrest in a case under Section 304 B besides some other sections of Indian Penal Code. These petitioners are husband and other relatives of husband of the victim lady. It is submitted that the entire case is false and baseless. It is not a case of dowry death. Victim died in her Naihara in course of treatment and in order to harass these petitioners, this false case has been lodged against them. It is further submitted that the police investigated the case and submitted final form as a mistake of fact. SP and DSP both supervised the case and found that the victim died in her Naihara in course of treatment. In support of it, paragraphs 40, 43, 49, 59 and 60 of the case-diary has been referred. Thus, having regard to the facts and circumstances of the case, in case of arrest or surrender before the Court below within four weeks from the date of receipt of this order, petitioners namely, Raj Kumar Mahto, Lakshmi Mahto, Sumitra Devi @ Sunita Devi, - 2 - Dharmendra Mahto and Nisha Devi are directed to be released on bail on their furnishing bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Dalsingsarai, Samastipur in connection with Dalsingsarai P. S. Case No. 106 of 2007, subject to the conditions as laid down under Section 438(2) Cr.P.C. kanchan (Ghanshyam Prasad, J.)