IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46295 of 2009 1. MD. SANAULLAH @ CHHOTU MIYA @ CHHOTE 2. Garjiyan Mian 3. Sabiha Khatoon 4. Jaitun Nisha Versus The STATE OF BIHAR ------ 2/ 29.01.2010 Heard learned counsel for the petitioners and learned counsel for the State. Submission of the learned counsel for the petitioners is that no doubt there is every allegation in the F.I.R. for constituting of an offence under Section 304B of the I.P.C. specifying the demand, torture and killing due to its non-fulfillment soon before the death in matrimonial house within seven years of the marriage but the same was only an accident and mental condition of the deceased was the reason behind her death. Two of the accused persons namely, father-in-law and husband of the deceased with similar allegation faced the trial and acquitted by the Trial Court. Even then petitioners are apprehending their arrest which is not justified. I agree with the submission of the learned counsel for the petitioners. Accordingly, prayer of the petitioners is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Ladaniya P.S. Case No. 97 of 2007corresponding to G.R. No. 1901 of 2007, 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 C.J.M., 2 Madhubani subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)