Crl. Misc No. M 35000 of 2010 Birmati and another vs State of Haryana ****** Present : Mr. Akshay Bhan, Advocate for the petitioners. Mr. Manmohan Sikka, DAG Haryana ******* The petitioners, who are mother-in-law and brother-in-law of the deceased, seek grant of anticipatory bail in case FIR No.235, dated 18.10.2010, registered under Sections 498-A, 304-B of the IPC, at Police Station Badhra, District Bhiwani. On 10.12.2010, interim anticipatory bail was granted to the petitioners by this Court after noticing that the FSL report had not been received. Now the FSL report has been received and it has confirmed the fact that the deceased died due to ingestion of aluminium phosphide. Counsel for the petitioners has argued that even as per allegations in the FIR, there was a dispute after 10 days of the marriage but thereafter uptill three years, there was no complaint. He has further argued that in such circumstances, offence under Section 304-B of the IPC would not necessarily be made out and it could well be under Section 306 of the IPC. Be that as it may, once a woman died of poisoning within three years of the marriage, in my considered opinion, at-least petitioner No.1 would not be entitled to the concession of anticipatory bail. Consequently, this petition qua petitioner No.1 is dismissed. However, with regard to petitioner No.2, who is the younger Crl.Misc No. M 35000 of 2010 : 2 : brother of the husband, I deem it appropriate to confirm the order dated 10.12.2010. Ordered accordingly. This petition qua petitioner No.2 stands disposed of. ( AJAY TEWARI ) August 23, 2011. JUDGE `kk'