IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27485 of 2009 RAJENDRA PRASAD & ORS Versus STATE OF BIHAR ----------- 2/ 03-11-2009 Heard learned counsel for the petitioners and the learned Addl. P.P. for the State. Apprehending arrest in a police case under section 304B/34 of the Penal Code, as the family members, the submission is that during her life time the deceased herself had filed a case under section 498 A of the Penal Code in which she stated that the marriage was solemnized on 15.04.2000 when, as per present allegations, she is alleged to have died on 02.04.2009. The husband of the deceased has already been enlarged on regular bail. Learned counsel for the State emphasizes the previous case lodged by the deceased under section 498A of the Penal Code during her life time. The impugned order of rejection which reflects between 304B and 302 of the Penal Code to reject the prayer for anticipatory bail does not deal with the material collected during the investigation of the manner in which the death occurred and the postmortem report, if any. The application is remanded to the Court of Sessions Judge, West Champaran, Bettiah to pass a fresh reasoned and speaking order from the materials in the case diary with regard to the nature and manner and post mortem report of death. Let such - 2 - a fresh order be passed within a maximum period of 10 days from the date of receipt of the present order. The order has been passed in presence of the counsel of the petitioner who it is expected shall adequately co-operate for disposal. In view of the open remand the District and Sessions Judge shall be at liberty to pass fresh appropriate orders in accordance with law to his satisfaction. In the event of their arrest during this period of ten days only, the petitioners, namely, Rajendra Prasad, Awadhesh Prasad and Sheopati Devi, shall be enlarged on anticipatory bail on furnishing bail bond of Rs.20,000/- ( twenty thousand ) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran, Bettiah in Sathi P.S.CaseNo. 32 of 2009, till 12th November, 2009 only, subject to the conditions as laid down under section 438(2) of the Cr.P.C. for a period of ten days only. Let this order be communicated through fax by the Court in connection with Sathi P.S. Case No. 32 of 2009, pending in the Court of Chief Judicial Magistrate, West Champaran, Bettiah. ( Navin Sinha, J ) BTiwary/