IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40366 of 2008 SALEHA KHATOON Versus STATE OF BIHAR ----------- 4 13.04.2009 Heard counsel for the petitioner. No body appeared on behalf of the State. Petitioner, who is mother-in-law of the deceased, has approached this Court seeking anticipatory bail in a case instituted under section 304B of Indian Penal Code. Counsel for the petitioner draws attention of the Court tothe allegations contained in the F.I.R. in order to submit that although the complainant-brother of the deceased has made specific allegations against the husband and father-in-law of the deceased but there is absolutely no allegation whatsoever against the mother-in-law inasmuch as she has not even been named in the F.I.R. as an accused. By filing supplementary affidavit, it has been stated that both the accuseds named in the F.I.R. namely the husband and father-in-law of the deceased have already surrendered and they are in custody. In this connection, he draws attention of the Court to the averments made in paragraph no. 2 and 3 of the supplementary affidavit. In the facts and circumstances of the case, this Court is persuaded to admit the petitioner to anticipatory bail . In the event of arrest or surrender in the Court below within four weeks, the petitioner above named is directed to be 2 released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, District- East Champaran in connection with Rajepur P.S. case no. 28/2007 subject to the condition as laid down under section 438(2) of Code of Criminal Procedure and with a further condition that the petitioner shall cooperate with the investigation. In case of any avoidance, the Investigating Officer shall apply before the Court below for cancellation of bail which shall be considered in accordance with law. pkj ( Kishore K. Mandal, J. )