IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12476 of 2010 1. Smt. Shushila Devi, wife of Dasrath Rajbanshi, resident of Village- Khaidaha, P.S. Nabinagar, District-Aurangabad. 2. Smt. Basanti Devi, wife of Surendra Rajbanshi. 3. Surendra Rajbanshi, son of Ram Jiwan Rajbanshi Both are resident of Village- Dhoraha, P.S. Rampur Chauram, District- Arwal. ……………………………..Petitioners. Versus 1. The State of Bihar 2. Chinta Devi, wife of Late Banshi Rajbanshi, resident of Village-Basatar, P.S. Karpi, District-Arwal….Opposite Parties. For the petitioners :- Mr. Krishna Prasad Singh, Sr. Advocate Mr. Jharkhandi Upadhyay, Advocate. For the State :- Mr. Satya Nand Shukla, A.P.P. ----------- 2. 10. 05. 2010. Heard the parties. In a criminal prosecution for offences under Sections 498 A, 304 B and 328/34 of the Indian Penal Code, Petitioner No. 1 is the married Nanad (sister-in-law), Petitioner No. 2 is the mother- in-law and Petitioner No. 3 is the father-in-law of the deceased Jhuni Devi. In the F.I.R. vide Annexure-1, there is allegation of demand of dowry and torture against all the accused persons including the petitioners. The deceased was done to death within one year of her Duragaman (second marriage). Learned counsel for the petitioners submits that the informant subsequently filed a petition vide Annexure-2 retracting the prosecution case and therefore, petitioners are entitled to have privilege of anticipatory bail. It is also stated that Petitioner No. 1, who is married Nanad, has been living at her Sasural at Aurangabad. Be that as it may, in view of serious nature of allegation 2 against the Petitioner Nos. 2 and 3, who are mother-in-law and father-in-law of the deceased, prayer for anticipatory made on their behalf is rejected. The Petitioner No. 2 and 3, must surrender in the court below in connection with Rampur Chauram P.S. Case No. 43/09 within a period of four weeks from today and seek regular bail, if so advised, which shall be considered and disposed of on its own merit without being prejudiced by the present order. However, so far Petitioner No. 1 is concerned, in view of her relationship with the deceased, being a married Nanad, in the event of her arrest/surrender in connection with Rampur Chauram P.S. Case No. 43/09 within a period of four weeks from today, the petitioner, namely, Smt. Shushila Devi shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)