IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21757 of 2010 1. BINAY PRASAD @ KUMAR 2. SUSHILA DEVI @ LALITA DEVI 3. ARJUN MAHTO @ ARJUN PD. ---------------------- PETITIONERS Versus THE STATE OF BIHAR with Cr.Misc. No.29768 of 2010 DILIP KUMAR PRASAD @ DILIP PRASAD --------------------- PETITIONER Versus STATE OF BIHAR ----------- 3 9.9.2010 Learned counsel for the petitioners seeks permission to withdraw this application, as during the pendency of this application, petitioner nos. 1 and 3 of Cr.Misc.No. 21757 of 2010 have been arrested by the police. Accordingly, this application is permitted to be withdrawn as having become infructuous as against petitioner nos. 1 and 3. For rest of the petitioners, heard learned counsel for the parties. There is specific allegation about torture for non-fulfilment of demand of dowry soon before the death within seven years of marriage in matrimonial house and disposal of the dead body. Defence is death due to some ailment. Prescription is also filed. Some witnesses are also stating about suffering of 2 the deceased from some ailment but without referring the doctor who could be approached. Further really she was suffering, her parents should be informed, they should remain present while medical aid was being provided, certainly demand by petitioner Dilip Kumar Prasad @ Dilip Pd. who is brother-in-law of the deceased (Cr.Misc.No. 29768 of 2010) or torture on his behalf is not alleged even in the F.I.R. Thus, having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioner namely Dilip Kumar Prasad @ Dilip Pd. of Cr.Misc.No. 29768 of 2010 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 Chief Judicial Magistrate, Gaya in Bodh Gaya P.S. Case No. 67/10, subject to the condition as laid down under section 438(2) Cr.P.C. So far petitioner no.2 of Cr.Misc.No. 21757 of 2010 is concerned, her prayer for anticipatory bail is rejected. AI ( Mandhata Singh, J.)