IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35909 of 2010 1. BACHCHA SAH, Son of late Shankar Sah, 2. Radha Devi, Wife of Bachcha Sah. 3. Shatrudhan Kumar, Son of Bachcha Sah All are resident of Village-Bangra Firoj, P.S. Baruraj, District-Muzaffarpur …….Petitioners Versus THE STATE OF BIHAR …….Opp. Party ----------- 3/ 26.03.2011 Heard the parties. The petitioners apprehend their arrest in a criminal prosecution registered under Section 304B of the Indian Penal Code. The petitioners are said to be in-laws of the deceased. According to the prosecution case, co-accused, Pramod Kumar @ Pramod Sah is the husband of the deceased, Rita Devi @ Rita Kumari and he is said to be the main culprit. Learned counsel for the petitioners submits that alleged main culprit, co-accused Pramod Kumar @ Pramod Sah, husband of the deceased, was put on trial and finally he has been acquitted by the trial court in the present case. Obviously, if the statement made is correct, and the main culprit has been acquitted by the trial 2 court on the basis of materials available on record, then the petitioners are entitled to get the privilege of bail. In the circumstances, the petitioners are directed to surrender in the court of learned Chief Judicial Magistrate, Muzaffarpur in connection with Baruraj P.S. Case No. 12 of 2009 within a period of four weeks from today with a certified copy of judgment of the trial court acquitting co-accused, Pramod Kumar @ Pramod Sah, husband of the deceased, and if the learned Chief Judicial Magistrate is satisfied that the main accused has been acquitted by the learned trial court, then in that case learned Chief Judicial Magistrate shall be obliged to consider the prayer for bail of the petitioner sympathetically, particularly in the light of the aforesaid judgment of the trial court, preferably on the same day. With the aforesaid observations and directions, the present petition stands disposed of. Anjani/ ( Birendra Prasad Verma, J.) 3