IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.33670 of 2009 1. BIJU DAS son of late Sugi Das 2. Kajia Devi wife of Biju Das 3. Sambhu Das son of Biju Das 4. Rania Devi daughter of Biju Das 5. Umesh Das son of Biju Das 6. Mahesh Das son of Biju Das 7. Ram Pravesh Das son of Biju Das Versus THE STATE OF BIHAR ----------- 5/ 10.05.2010 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case registered for the offence under Sections 304(B), 201/34 of the Indian Penal Code. Curiously enough, the Dafadar of Galgalia police station is informant in this case, instead of any family member being so. The Dafadar stated that he received information to this effect that Moni Devi Das, wife of Ram Pravesh Das, has been set on fire and brought to Bharti Seva Sadan, Bhatgaon, Galgalia in the District of Kishanganj. The victim died in course of treatment and her dead body was cremated at Mechi river. Learned counsel submits that in fact all the offences took place in the district of Jalpaiguri, West Bengal. He further submits that the victim was brought to Kishanganj for better treatment only. He submits that petitioners are innocent, as none of the family members of the deceased lodged a complaint. Furthermore, the mother of the victim girl stated that her daughter Moni Devi Das sustained burn injuries while cooking on stove. He further submits that the mother and brother of the victim accompanied the victim, after she got burnt, but still they did not lodge complaint. - 2 - Counsel for the State submits that the mother of the victim girl has stated in her statement under Section 161 of Cr.P.C. that petitioner nos.1 and 2 in fact are involved in burning the deceased. Petitioner no.7 happens to be the husband. Having regard to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to petitioner nos.1, 2 and 7. Their prayer for anticipatory bail is rejected. However, if petitioners no. 1, 2 and 7 surrender before the court below within six weeks from today and seek regular bail, the same would be disposed of preferably on the same day without being prejudiced by this order also taking into consideration that no complaint was lodged by any of the family members for 4-5 days, though they were together with the victim girl. So far as, petitioner nos. 3, 4, 5 and 6 are concerned, in the event of arrest or surrender within six weeks from today before the court below in connection with Thakurganj (Galgalia) P.S. case no. 55 of 2008, petitioner nos. 3, 4, 5, and 6 would be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Uday/ (Samarendra Pratap Singh, J.)