IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34067 of 2010 1. SRI CHAND CHOUDHARY 2. SURAJ KUMAR CHAUDHARY @ SURAJ KUMAR 3. SARSWATI DEVI ------------------------- PETITIONERS Versus STATE OF BIHAR ----------- 2 4.11.2010 Learned counsel for the petitioners seeks permission to withdraw this application, as during the pendency of this application, petitioner no.1 namely Sri Chand Choudhary has been arrested by the police. Accordingly, this application is permitted to be withdrawn as having become infructuous as against petitioner no.1. For petitioner nos. 2 and 3, heard learned counsel for the parties. Torture for demand of dowry soon before the death within seven years of marriage in matrimonial house is the allegation. Defence is that the deceased consumed poison due to husband’s suffering from skin disease. Charge sheet is submitted for offence under section 306 IPC fixing liability against husband. Cognizance is taken against all the accused. Trial of the case commenced and husband also is allowed bail though in regular side but circumstances placed 2 above entitle petitioner nos. 2 and 3 for anticipatory bail. 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 petitioner nos. 2 and 3 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, Nalanda in Rajgir P.S. Case No. 69/08, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)