IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36539 of 2010 INDU DEVI, Wife of late Shyam Kumar Singh @ Shyam Kumar Mahto, Resident of Village-Bhagwanpur, Police Station-Dhanusha (Nepal), District-Dhanusha (Nepal). ……..Petitioner Versus THE STATE OF BIHAR ………..Opp. Party ----------- 3/ 26.03.2011 Heard the parties. The petitioner apprehends her arrest in a criminal prosecution registered under Sections 304(B)/ 201 /34 of the Indian Penal Code. It is submitted that the petitioner happens to be elder sister in-law (gotani) of the deceased, Sita Devi and there is no specific allegation of specific overt act for committing the crime in question, save and except the general and omnibus allegation of demand of dowry and torture against all the accused persons including the petitioner. It is further submitted that the main allegation is against co-accused, Indra Dev Singh, husband of the deceased. On perusal of the first information report vide Annexure 1, co-accused, Indra Dev Singh appears to be main culprit. 2 Learned counsel for the petitioner submits that co-accused, Indra Dev Singh is prepared to surrender in the court below and seek regular bail. It is highlighted that the husband of the petitioner died about four years ago and she, being a widow, is living in her paternal house in Nepal. Be that as it may, in the facts and circumstances of the case, in the event of her arrest or surrender within a period of four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each in connection with Kaluahi P.S. Case No. 21 of 2010 dated 09.04.2010 to the satisfaction of learned Chief Judicial Magistrate, Madhubani, subject to the condition laid down under Section 438 (2) of the Cr.P.C., and subject to further condition that co-accused, Indra Dev Singh, husband of the deceased, must surrender in the court below prior to acceptance of bail bond, furnished by the petitioner. 3 It is made clear that if co-accused, Indra Dev Singh does not surrender in the court below within a period of four weeks from today, prior to acceptance of bail bonds furnished by the petitioner, then it shall be construed that the present petition for grant of anticipatory bail filed on behalf of the petitioner stood rejected by this Court. Anjani/ ( Birendra Prasad Verma, J.)