IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26224 of 2010 ASHOK SAH & ORS Versus STATE OF BIHAR ----------- 3 04.11.2010 Heard learned counsel for the petitioners as well as learned counsel for the state. At the very outset, learned counsel for the petitioners points out that petitioner No. Ashok Sah has already surrendered in the court below. Accordingly, prayer for anticipatory bail of petitioner No. 1 stands dismissed being infructuous. So far as rest petitioners, namely, Manti Devi, Kedar Sah and Managari Devi @ Magari Devi are concerned, admittedly petitioner Nos. 3 & 4 are cousin parents-in-law of the deceased whose marriage had taken place four years ago with accused, Pramod Sah and allegedly, above-said Pramod Sah established illicit relationship with petitioner No. 2. Furthermore, it is alleged that deceased was subjected to cruelty and harassment on account of non-fulfillment of illegal demand and on 01.04.2010; she was burnt to death by her in-laws including petitioners. Contention of learned counsel for the petitioners is that petitioner Nos. 3 & 4 have no concern with the affairs of the husband of the deceased and so far petitioner No. 2 is concerned, no specific overt act has been attributed against 2 her. He also points out that husband of the deceased has already been sent to judicial custody. Learned counsel for state referred some paragraphs of the case diary but he fairly conceded this fact that during course of investigation, it came to light that the deceased committed suicide and furthermore, she was a lady of unsound mind. He also conceded this fact that the deceased was second wife of co-accused, Pramod Sah. In view of the aforesaid facts and circumstances of the case as well as submission of the parties, this anticipatory bail petition is allowed. In the event of arrest/surrender within 30 days from receipt of the order, the petitioner Nos. 2, 3 & 4 named above shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Itarhi P.S. Case No. 43 of 2010 to the satisfaction of Chief Judicial Magistrate, Buxar subject to condition as laid down u/S 438(2) of the Cr.P.C, AKV/- ( Hemant Kumar Srivastava,J.)