IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33940 of 2010 1. SANJAY SINGH @ SANJAY KUMAR Sanjay Kumar son of late Janardan Singh. 2. Renu Devi wife of Sanjay Singh@Sanjay Kumar. Both resident of village-Bandopur, Police Station-Karpi, Dist-arwal ……………. Petitioners. Versus THE STATE OF BIHAR …………… Opposite Party. 2 4.11.2010 Heard learned counsel for the petitioners and learned P.P for the State. Admittedly, petitioner No. 1 and petitioner no. 2 are bhainsur and gotani of the deceased respectively. It is alleged that deceased was poisoned to death on 25.12.2009 on account of none fulfillment of illegal dowry demand. The contention of the learned counsel for the petitioners is that prior to institution of instant case i.e. Karpi P.S. Case No. 11 of 2010, other case i.e. Karpi case No. 02 of 2010 was registered in respect of death of deceased at the statement of husband of the deceased for the offence under Section 302 and other minor sections of the Indian Penal Code and the aforesaid case was supervised by the police and the said case was found as a mistake of fact. Subsequently, the instant case was lodged on the basis of fardbeyan of deceased’s father that is after more than one and half months. - 2 - His further contention is that on 25.12.2009 petitioner No. 1 was posted at Jammu and Kashmir and his immediate Commanding Officer has issued a certificate to that effect which is Annexure-2. Considering the aforesaid circumstances, this anticipatory bail is allowed and it is ordered that the petitioners namely, Sanjay Singh and Renu Devi, in the event of their arrest/surrender within 30 days from the date of communication of the order, be released on bail, in connection with Karpi P.S. Case No. 11 of 2010 on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad subject to condition as laid down under Section 438(2) of the Cr.P.C. Prakash (Hemant Kumar Srivastava, J.)