IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12022 of 2009 1. AASHA DEVI @ ASHA GUPTA,wife of Nandkumar Gupta 2. Nand Kumar Gupta,son of late Ganesh Shankar Gupta 3. Dipa Rani @ Dipa Gupta,wife of Ashwani Kumar Gupta 4. Ashwani Kumar Gupta @ Ashwani Kumar,son of Nand Kumar Gupta All residents of village North Hajipur, Ward No.13, P.S. and District- Khagaria. Versus STATE OF BIHAR ----------- 02/ 21-04-2009 Learned counsel for the petitioners seeks permission to withdraw the prayer for anticipatory bail in respect of petitioner nos.2 and 4 Nand Kumar Gupta and Ashwani Kumar Gupta respectively, as they have been arrested. Permission is granted. This application is dismissed as withdrawn as against petitioner nos.2 and 4. Heard learned counsel for the petitioner nos.1 and 3, learned counsel for the informant and learned counsel for the State. Submission of the learned counsel for the petitioners is that the occurrence is of 21.1.2007. Father-in-law informed the incident to the police on 22.1.2007. U.D. case was lodged. Thereafter, mother of the deceased filed a case before the police in which also there was no allegation regarding demand and torture and lastly complaint was lodged on her behalf making all the allegations, which was investigated and found false. Accordingly final form was submitted but thereafter D.I.G. of Police taken initiative for reinvestigation and petitioners are apprehending their arrest. Petitioner nos.1 and 3 are mother-in-law and 2 Gotani. In the case for years petitioners remained free finding no material against them. If some more material is collected by the police in course of reinvestigation that can easily be taken by the court at the time of framing of charge but at the moment arrest is not justified. The trial court may reconsider to justify the petitioners’ bail. In case of arrest or surrender within one month from today in Khagaria (Chitragupta Nagar) P.S.Case No.94 of 2007, petitioner nos.1 and 3 (Aasha Devi @ Asha Gupta and Dipa Rani @ Dipa Gupta) shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )