IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27980 of 2010 1. HIRA MALLAH 2. SANTOSH MALLAH 3. PAPPU MALLAH 4. KUNTI DEVI 5. SURAJ MALLAH @ SURAJ KUMAR ----------------- PETITIONERS Versus STATE OF BIHAR ----------- 2 9.9.2010 Heard learned counsel for the parties. Petitioner no.1 is maternal uncle, petitioner no.4 is wife of petitioner no.1, petitioner nos. 2 and 3 are their sons and petitioner no.5 is unmarried younger brother-in- law of the deceased. There is allegation of torture for non- fulfilment of demand of dowry and later killing the deceased in matrimonial house but as submitted, allegation is vague and after investigation, petitioners’ involvement was not corroborated by reliable evidence. So final form was submitted exonerating all these petitioners. Cognizance is taken in the case which has been made ground for refusal of anticipatory bail but the allegation of torture for non-fulfilment of demand of dowry can be extended to petitioners who are not family members and believing the same, refusal of their bail never can be 2 justified. Thus, having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in Kako P.S. Case No. 127/2009, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)