IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3341 of 2010 1. SANTOSH YADAV SON OF AWADHESH YADAV 2. ASHA DEVI WIFE OF AWADHESH YADAV BOTH RESIDENT OF VILLAGE BAISA, P.S. PARBATTA DISTRICT KHAGARIA. Versus STATE OF BIHAR . ----------- 3 22/03/2010 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are Devar and widow mother-in-law of the deceased having allegation of making demand of dowry, causing cruelty soon before the death which occurred in the matrimonial house of the deceased within seven years of the marriage. Learned counsel for the petitioners submits that the husband of the deceased has been granted regular bail by this Court though he was named by the witnesses but not named in the first information report. That can never be taken for petitioner’s bail. In the circumstances the prayer for grant of anticipatory bail of the petitioners is hereby rejected. They may surrender and pray for regular bail in the court of the Chief Judicial Magistrate, Khagaria in Parbatta (Maraiya) - 2 - P.S. Case No. 147 of 2009. However, while considering the prayer for bail of the petitioners, the court below will not be prejudiced by this order of rejection and may take into consideration the fact that the husband of the deceased has already been granted bail. AMIN (Mandhata Singh, J.)