IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 22419 of 2009 Anil Singh, son of late Chatrubhuj Singh, resident of village – Kulne, P S – Akbarpur, Dist – Nawada - Petitioner Versus State of Bihar - Opposite Party ----------- 2 07.08.2009 The petitioner is the brother-in-law of the deceased and apprehends arrest in Akbarpur Police Station Case No 62 of 2005 instituted under Sections 304B, 201/34 of Indian Penal Code. It is submitted that marriage between the deceased and petitioner’s brother took place in the year, 1989. This incident has taken place in 2005. Section 304B of Indian Penal Code would have no application. Counsel may be correct but Section 302 of Indian Penal Code may apply. However, Shri Ajay Kumar Thakur, learned counsel appearing in support of the application submits that the husband of the deceased was tried in the present case in Sessions Case No 50 of 2009 by the Additional Sessions Judge III, Nawada and has been acquitted by judgment dated 10th June, 2009. No useful purpose would be served by sending the petitioner to jail. Shri Thakur submits that if the petitioner is sent to jail, he may expose to hardened criminals and would become a criminal himself. In the facts and circumstances of the case, if the petitioner abovenamed surrenders before the Court below within 4 weeks from today, he shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial magistrate, Nawada in 2 Akbarpur Police Station Case No 62 of 2005 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)