IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55909 of 2007 MD.YASIN & ORS Versus STATE OF BIHAR ----------- 5. 17.09.2008 Heard the learned Counsel for the petitioners and the learned counsel for the State. The allegations are under Sections 498A, 313 and other provisions of the Penal Code along with Sections 3 / 4 of the Dowry Prohibition Act. Notices had been issued to the opposite party who has refused to accept the same. The petitioners were granted provisional bail by order dated 7.5.2008. The submission is that the husband has also moved for anticipatory bail before this Court in Cr. Misc. No,. 29777 of 2008. Learned Counsel for the State points out from the allegations that the hands of the informant were tied by the husband when petitioner no. 1 threw her down on the ground and administered water laced with poisonous substance to render her conscious. The informant was pregnant when she was assaulted on her person leading to bleeding. Learned Counsel for the State next points out from the case diary at paragraph 10 that the Investigating Officer has recorded that the informant and other p[prosecution witnesses were not appearing for recording their statement when it was the duty of the Investigating Officer to go to them to record their statement. On facts and circumstances, nature of the allegation, the manner in which the Investigating Officer is proceeding the beneficiaries of which are the petitioners alone this Court is not persuaded to confirm the provisional bail granted by order dated 7.5.2008. The provisional bail granted to the petitioners is cancelled. They are directed to surrender and seek regular bail which shall be considered on its own merit without being prejudiced by the present order. While granting provisional bail this Court had already recorded that confirmation shall depend on subsequent events. This application is rejected. Snkumar/- (Navin Sinha,J.)