IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49659 of 2008 1. PUNIYA KUER wife of Late Radhey Pd. Singh 2. SHANTI DEVI wife of Upendra Kumar Verma 3. UPENDRA KUMAR VERMA son of Late Radhey Pd. Singh All are resident of village- Akauni Tola Harhangi Bigha, P.S.- Daudnagar, District- Aurangabad Versus STATE OF BIHAR ----------- 2 18.12.2008 Heard learned counsel for the petitioners and Mr. R.P.S. Singh, Addl. P.P. appearing for the State. The offence alleged is under sections 323, 504, 494, 498A of the Indian Penal Code and section 4 of the Dowry Prohibition Act. It has been submitted on behalf of the petitioners the allegation against the petitioners of demand and committing cruelty is omnibus in nature, and as a matter of fact, the petitioner no.3 has married with petitioner no. 2 with her consent as she was physically handicapped. Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that there is specific allegation of demand and cruelty against the petitioner no.3. In the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners no. 1 & 2, above named, be released on bail on furnishing bail - 2 - bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Jehanabad, in connection with Complaint Case No. 48 of 2008, Tr. No. 1425 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. So far as the petitioner no.3 namely, Upendra Kumar Verma is concerned, considering the facts and circumstances I am not inclined to grant him the privilege of anticipatory bail. His prayer for grant of anticipatory bail is, accordingly, rejected. Manish/- ( Shailesh Kumar Sinha,J.)