IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10951 of 2009 1. SAHDEO MEHTA SON OF LATE SHIVBALAK MAHTO. 2. MITHILESH KUMAR SON OF BASHUDEO MEHTO @ BASHUDEO PRASAD. 3. MITWA DEVI, WIFE OF SAHDEO MEHTA, ALL OF VILLAGE KUZAFI, P.S. CHANDAUTI, DISTRICT GAYA---PETITIONERS. Versus THE STATE OF BIHAR---OPP. PARTY. WITH Cr.Misc. No.10969 of 2009 1. DR.BASANT KUMAR SON OF LATE SHIV BALAK MAHTO. 2. MAMTA KUMARI DAUGHTER OF DR. BASANT KUMAR. 3. NIRMALA KUMARI DAUGHTER OF DR. BASANT KUMAR. 4. KESHRI DEVI WIFE OF BASANT KUMAR. ALL OF VILLAGE KUJAPI, P.S. CHANDAUTI DISTRICT GAYA---PETITIONERS. Versus THE STATE OF BIHAR----OPP. PARTY. WITH Cr.Misc. No.28033 of 2009 GULSAN KUMAR SON OF DR. BASANT KUMAR, RESIDENT OF VILLAGE KUZAPI, P.S. CHANDAULI, DISTRICT GAYA, PRESENTLY RESIDING AT VILLAGE MAHLAD, P.S.GOH, DISTRICT AURANGABAD----PETITIONER. Versus THE STATE OF BIHAR----OPP. PARTY. ----------- 02. 21.08.2009. Heard learned counsel for the petitioner and the State. Petitioners of Cr. Misc. No. 10951 of 2009 are the cousin father in law, mother in law and son of another cousin father in law. Petitioners of Cr. Misc. No. 10969 of 2009 are the inlaws of the deceased and petitioner of Cr. Misc. No. 28033 of 2009 is the husband of the deceased. They are apprehending their arrest in connection with a case registered for the offence under Sections 498A, 304B/120 B of the Penal Code and Sections ¾ of the Dowry Prohibition Act, which was initially registered as a complaint and referred to the police for investigation, thereafter Rafiganj P.S. Case No. 83 of 2007 dated 9.7.2007 was registered. It is submitted on behalf of the petitioners that the occurrence had taken place on 15.4.2007 as the deceased suffered burn injury on account of short circuit in the electrical connection, - 2 - whereafter U.D. case No. 01 of 2007 dated 16.4.2007 was registered by the husband of the deceased. First Information Report of U.D. case is contained in Annexure-2 to this application. Later present complaint case was filed on 19.4.2007 i.e. after four days of the occurrence, on the basis of which the First Information Report of the present case was registered on 9.7.2007. Police having investigated Rafiganj P.S. Case No. 83 of 2007 submitted final form as would appear from the final report dated 31.7.2007 and petitioners were not sent up for trial. Let the petitioners above named surrender in the court below within four weeks from the date of receipt of this order in the court below and if it is true that final report dated 31.7.2007 has been submitted and petitioners were not recommended for trial by the Investigating Agency then they be admitted to the privilege of bail on furnishing bail bonds of Rs.5,000/-(Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Rafiganj P.S. Case No. 83 of 2007, subject to the conditions as laid down under Section 438(2) Cr.P.C. Rajesh/ (V.N.Sinha,J.)