IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6519 of 2010 1.SAVITRI DEVI, wife of Shivpujan Sah. 2.Shivpujan Sah, Son of Ramchandra Sah 3.Ramchandra Sah, son of Late Jagdish Sah All resident of village Bangaia Tola, P.S. Chautarawa (Bathawaria) District West Champaran. Versus STATE OF BIHAR ----------- 2 4/3/2010 Heard counsel for the petitioners and counsel for the State. The three petitioners, namely, petitioner no.1 Savitri Devi being Gotni, petitioner no.2. Shivpujan Sah being Bhaisur and petitioner no.3. Ramchandra Sah, being father-in-law on being made accused under sections 304 (B), 201 and 34 of the Indian Penal Code, have moved for anticipatory bail before this Court by taking a plea that they are insignificant relatives in comparison to the husband who is usually considered to be the main person for committing the offence under section 304 (B) of the Indian Penal Code. This Court would however find that the matter has been examined by the court below at some length and in the last paragraph of the impugned order it has been held as follows:- “Petitioners are accused in a case of dowry death and causing disappearance of the dead body. In the F.I.R. it is stated that even the father of the deceased was not informed of her death. The fact that a petition is said to have been filed by the informant retracting from his earlier version shows that the petitioners are trying to interfere with the investigation. From the certified copy of the petition of the informant I find that after 2 intervention of the Punches the informant has compromised” Such findings therefore would go show that the petitioner nos. 2 and 3 being elder male members had failed to do their duty even if one would accept the story of natural death of the deceased inasmuch as it was imperative on the part of the father and the elder brother of the husband of deceased to give immediate information of the alleged natural death of the deceased to the parents and other family members living in her naihar so that they could have taken a last look of the deceased before her being cremeated in a surreptitious and hush-hush manner which by itself would give credence to the deceased being done to death in a suspicious manner. That being so, while prayer for anticipatory bail of petitioner no.2, namely, Shivpujan Sah and petitioner no.3, namely, Ramchandra Sah is hereby rejected, but then sofar petitioner no.1, namely, Savitri Devi the elder Gotni and the wife of petitioner no. 2 is concerned, as her case in quite distinguishable if she would surrender within a period of four weeks from today she would be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, West Champaran in Chautarwa (Bathawaria) P.S. Case No.99 of 2009, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. Abhay Kumar ( Mihir Kumar Jha, J.) 3