IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7588 of 2010 1. Ram Balak Sah, son of Ganga Sah 2. Ganga Sah, son of Late Yadu Sah 3. Subdhi Devi, wife of Ganga Sah All are resident of Village- Keos Nizamat (Jagir) P.S. Muffasil, District-Samastipur, Petitioner No. 2 and 3 Presently residing at Village-Sagi, P.S. Khodabandpur, District-Begusarai. ………………………Petitioners. Versus The State of Bihar ………………………….Opposite Party. ----------- 2. 25. 03. 2010. Heard Mr. S. N.P. Sinha, learned senior counsel for the petitioners and Mr. Rajendra Singh Shashtri, learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Samastipur Muffasil P.S. Case No. 366 of 2009 registered under Sections 304B, 201/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that Petitioner No. 1 is the husband of the deceased and Petitioner Nos. 2 and 3 are parents-in-law. It is submitted that even on the prosecution case there is no specific allegation of demand of dowry or torture against Petitioner Nos. 2 and 3 and they are in fact separate in mess and business with the husband of the deceased. It is also submitted that in fact deceased was suffering from various ailments and she died because of her illness and in support of that he produced Annexure-2. Be that as it may, the Petitioner Nos. 2 and 3, namely, Ganga Sah and Subdhi Devi, in the event of their 2 arrest/surrender within a period of four weeks from today, shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur, in connection with Samastipur Muffasil P.S. Case No. 366/09, subject to the conditions as laid down under Section 438(2) of Cr.P.C. So far Petitioner No. 1 is concerned, in view of his relation with the deceased, he being the husband having primal role in the commission of crime in question, his prayer for grant of anticipatory bail is rejected. He must surrender in the court within a period of four weeks from today and seek regular bail which may be disposed of on its own merit, without being prejudiced by the order. m.p. (Birendra Prasad Verma,J.)