IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15486 of 2010 1. KAMINI SINHA , Widow of Late Digambar Prasad 2. Sumit Kumar @ Mukul Sinha @ Sumit Sinha, S/o Late Diagambar Prasad Both are resident of Mohalla – Kashipur P.S. Town in the District of Samstipur. ------ Petitioners Versus STATE OF BIHAR ------ Opposite Party ----------- 2/ 18.05.2010 Heard learned counsel for the petitioners and learned counsel for the State. Demand of dowry and causing of cruelty is specifically alleged. Similarly, at the time of death, deceased was with her parents, is also apparent, followed by, filing of restitution case by the petitioner, 498A case by the deceased and lastly divorce case by the husband of the deceased is admitted. Restitution case was withdrawn, 498A case was not pressed, divorce case was pending. No doubt there is presumption about commitment of dowry death but not to the extent that wife remains with her parents for years after remaining in litigation, commits suicide, that presumption will come in existence, rather it appears, non-application of the mind of the court in not considering the above fact while the anticipatory bail petition is disposed of and refused. Petitioners are widow mother-in-law and ‘dewar’ Considering the facts and circumstances of the case, prayer of the petitioners is allowed. In the event of arrest or surrender within one month from the date of receipt / production of a copy of this order in connection with Muzaffarpur Sadar P.S. Case No. 262 of 2009, above named petitioners shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of Cr.P.C. Praful ( Mandhata Singh , J.)