IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21363 of 2011 1. Mita Pandey @ Mintu Devi @ Minta Devi, W/o Rajesh Kumar Pandey. 2. Rajesh Kumar Pandey, S/o late Gandhi Pandey Both are resident of village + P.S.-Thawe, District-Gopalganj. ……………..Petitioners. Versus The State of Bihar …………..Opposite Party. ----------- 2/- 06.07.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioners apprehending their arrest in connection with Uchhaka gaon P.S. Case No. 3 of 2011 registered for the offence under sections 304 (B), 201 & 34 of the Indian Penal code, prays for grant of bail. It is submitted that petitioner No. 1 is sister-in- law (Gotani) and petitioner No. 2 is brother-in-law (Bhaisur) of the victim. It is submitted that the mother –in-law has already been granted anticipatory bail in the said case on 7.5.2011 in A.B.P. Case No. 216 of 2011 by the learned Sessions Judge. The said order is annexed as annexure-4 to the bail application. Learned counsel for the petitioner submits that by granting anticipatory bail the learned Sessions Judge has taken note of the contents of the case diary and also recorded that an attempt was made by the husband, namely Amit Kumar Pandey to provide treatment to 2 deceased. Learned counsel for the petitioner further submits that there is a whisper in the F.I.R. of demand of Rs. 1 lakh after four months of the marriage. He further submits that the marriage had taken place in the year 2006. There is no allegation in the F.I.R. that soon before death, there was any demand of dowry by any one in this case and thus, he says that ingredients of offence under Section 304 (B) would not be attracted. He further submits that from perusal of the F.I.R. it would transpire that the informant has alleged that the husband was having illicit relationship with petitioner No.1, who is none else but his “BHABHI” and the informant alleges that his daughter was subjected to cruelty by accused persons as she protested against such illicit relationship. Learned counsel for the petitioner thus, submits that it is highly improbable that petitioner No. 2, who is husband of petitioner No. 1 would have been a party to assault upon the deceased while the allegation is that she was protesting against the illicit relationship of her husband with wife of petitioner No. 2. Taking into consideration the aforesaid submissions to which no reasonable reply could be given by the learned counsel for the State, let the petitioners namely 3 Mita Pandey @ Minta Devi @ Mintu Devi & Rajesh Kumar Pandey in the event of their arrest at the hands of police or surrender before the Court below, be released on bail in connection with Uchhaka gaon P.S. Case No. 3 of 2011 on furnishing bail bonds of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj. Sanjeet/- (Ashwani Kumar Singh, J.)