IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37406 of 2009 1. CHANAWA DEVI W/O MAHATAM YADAV VILL- RAJGHAT, P.S. MIRGANJ IN THE DISTT. OF GOPALGANJ 2. MAHATAM YADAV S/O LATE GULJAR CHAUDHARY VILL- RAJGHAT, P.S. MIRGANJ IN THE DISTT. OF GOPALGANJ… .. PETITIONERS Versus THE STATE OF BIHAR … …OPPOSITE PARTY For the Petitioners : Mr. Amrit Abijet, Advocate For the State : Mr. Bishweshwar Ram, A.P.P. ----------- 3 24.12.2009 Heard learned counsel for the petitioner and the State. Petitioners are accused in a case registered under sections 304(B)/201/34 of the Indian Penal Code. It is submitted on behalf of the petitioners that though they have been named in the first information report, it would be highly improbable that petitioner no. 1, who is mother-in-law of the deceased and aged about 75 years, as well as petitioner no. 2, who is father-in-law of the deceased and aged about 76 years, would at the fag end of their life make a demand of dowry of motor-cycle etc. It is submitted that the materials collected during the course of investigation create doubts with regard to their involvement, as independent witnesses have stated that the petitioners were not present in the house at the time of 2 occurrence and the deceased was cooking food while her clothes caught fire and upon alarm raised by her the villagers assembled there and tried to extinguish fire and thereafter she was taken to the sub-divisional hospital. However, looking at the seriousness of the burn injury of the deceased, on advice of the doctor, she was being taken to the District Hospital and in the meantime, she died. Learned counsel for the State submitted that the allegation is of demand of dowry and killing the deceased against all the accused persons including the petitioners. However, the husband of the deceased is already in custody. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioners, Chanawa Devi and Mahatam Yadav, to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in Mirganj Police Station Case No. 72 of 2009. SC ( Dr. Ravi Ranjan, J.)