IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23110 of 2009 SURENDRA KUMAR Versus STATE OF BIHAR With Cr. Misc. No.31994 of 2009 DHANWANTI DEVI Versus STATE OF BIHAR. 3/ 08-10-2009 Heard learned counsel for the petitioner, learned Addl. P.P. for the State and learned counsel for the informant who has appeared suo motu. The petitioner in Cr. Misc. No.23110 of 2009 is the husband and in the latter it is the mother-in-law. They apprehend their arrest in a police case under section 304B/34 of the Penal Code. The submission is that the allegations themselves are that the marriage was nine years old making 304B Penal Code inapplicable on the face of it. The allegations further are that the husband was away posted in Kasmir in the Indian Army. The F.I.R. further states that the deceased was taken for treatment to the Duncan hospital where she died. The submission further is that the presumption against the petitioners under section 304B of the Penal Code no more exists and if section 302 of the Penal Code be applicable, then the onus lies upon the prosecution to prove it in view of the statement made in the F.I.R. itself. - 2 - Learned counsel for the informant, who has appeared suo motu, is unable to address this Court on any further issue with regard to the death of the deceased in Duncan Hospital . Let the petitioners, namely, Surendra Kumar ( in Cr. Misc. No. 23110 of 2009) and Dhanwanti Devi ( Cr. Misc. No. 31994 of 2009) surrender in the court below within a period of four weeks from today when they shall be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- ( ten thousand ) each with two sureties of the like amount each to the satisfaction of the C.J.M., Motihari, East Champaran in connection with Palanwa P.S. Case No.19 of 2009, subject to conditions as laid down under section 438(2) of the Cr.P.C. ( Navin Sinha, J ) BTiwary/