IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41534 of 2009 1. KAPILDEO BAITHA,son of Late Shew Prasad Baitha 2. Jokhu Baitha,son of Kapildeo Baitha 3. Bikram Baitha,son of Kapildeo Baitha 4. Sangeeta Devi,w/o Jokhu Baitha All residence of village-Sirisiya Mal,P.S.-Adapur(Nakardai),District-East Champaran. Versus THE STATE OF BIHAR ----------- 03/ 07-04-2010 Heard Mr. Uma Shankar Verma, learned counsel appearing for the petitioners and Mr. Bishweshwar Ram, learned Additional Public Prosecutor appearing for the State. Petitioners apprehend their arrest in connection with Adapur (Nakardai) P.S.Case No.5/2009 dated 11-01-2009, registered under Sections 304B/201/34 of the Indian Penal Code. Learned counsel for the petitioners submitted that petitioner no.1 is the father-in-law of the deceased, petitioner no.2 is the elder brother of the husband and petitioner no.3 is the younger brother of the husband of the deceased, whereas petitioner no.4 is the sister-in-law (Gotani) of the deceased. He also submitted that according to the prosecution case main allegation of demand of dowry and torture is against the husband and the father-in-law of the deceased and entire prosecution case is based on information supplied by the villagers to the informant. By referring to Annexure-2 he submitted that subsequently the informant came to know that the real cause of occurrence was accidental fire, as a result of which the victim sustained certain burn injury, and house of the accused persons were also burnt 2 and deceased died during the course of treatment. Learned counsel for the State opposed the prayer for anticipatory bail made on behalf of the petitioners and by going through the case diary pointed out that there are ample materials showing the complicity of petitioners no.1 and 2 in the crime in question. In the aforesaid background and in view of the relationship of petitioners no.1 and 2, being father-in-law and Bhainsur (brother-in- law) of the deceased, their prayer for anticipatory bail is dismissed. They must surrender in the court below within a period of four weeks from today and seek regular bail, if so advised. If such a petition is filed, the same may be considered on its own merit without being prejudiced by the present order. However, so far petitioner no.3, Bikram Baitha and petitioner no.4, Sangeeta Devi, who are Dewar and Gotani respectively of the deceased, are concerned, there being no direct material to show their complicity in the crime in question, in the event of their arrest/surrender within a period of four weeks from today in the above noted case, they shall be enlarged on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Raxaul, subject to the conditions as laid down under sub- section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)