IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.40262 of 2009 1. SUKHU YADAV S/o Late Balgovind Yadav 2. Chameli Devi Wife of Sukha Yadav Versus THE STATE OF BIHAR ----------- 5/ 23.03.2010 Heard learned counsel for the petitioners and the State as well as informant. The petitioners apprehend their arrest in a case registered for the offence under Sections 304(B), 201/34 of the Indian Penal Code. Petitioner no.1 is father-in-law and petitioner no.2 is mother-in-law. Learned counsel for the petitioners submits that they are living separately after partition in the family and in support of the same, Annexure-2 Series has been annexed, which is memorandum of partition. He further submits that the BPL list would show both petitioner no.1 and his son Vinay Yadav are below the poverty line. He further submits that the allegation is general in nature and the husband of the deceased is already in jail custody. Counsel for the informant opposes the prayer for anticipatory bail and submits that the accused persons have burnt the daughter of the informant. Having regard to the facts of the case, I am not inclined to grant anticipatory bail to petitioner no.1. His prayer for bail is rejected. However, petitioner no.2, namely Chameli Devi, in the event of arrest or surrender within six weeks from today before the - 2 - court below in connection with Barh P.S. case no. 177 of 2009, shall be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Barh, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Uday/ (Samarendra Pratap Singh, J.)