IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20434 of 2010 1. SAROJ MAHTO SON OF SRI HARIHAR MAHTO 2. NISHA DEVI WIFE OF SRI SAROJ MAHTO, BOTH RESIDENTS OF VILLAGE BARKA DHAKAICH, P.S. BRAHMPUR ( KRISHNABRAHM), DISTT. BUXAR – PETITIONER. Versus STATE OF BIHAR—OPP. PARTY. ----------- For the petitioner : M/S Akhileshwar Pd. Singh with Prabhu Narayan Sharma, Advocates. For the State: Mr. Ram Priya Sharan Singh, A.P.P. --- 2/ 17.06.2010 Heard the parties. In a criminal prosecution for offences under section 304(B)/ 201/ 34 of the Indian Penal Code, petitioner no.1 happens to be elder brother of the husband of the deceased and petitioner no.2 is the wife of petitioner no.1 and as such she is the elder Gotani of the deceased. It is submitted that even according to the prosecution case the informant is not an eye witness of alleged occurrence and only suspicion has been raised that all the F.I.R. named accused persons allegedly administered poison, as a result of which daughter of the informant died, who was married with co-accused Manoj Mahto on 02.06.2008. In the last part of the F.I.R. it is also alleged that accused persons have been demanding a motorcycle as a dowry. From perusal of the F.I.R. vide Annexure-1, it appears that when the occurrence in question regarding the death of the deceased took place, which according to - 2 - the learned counsel for the petitioner was because of her illness from before, and after coming to know about such death the allegation of demand of dowry was also added in F.I.R. Petitioners are stated to be in judicial custody since 17.03.2010 and they further claim to be separate in mess and business with the husband of the deceased. In the aforesaid facts and circumstances, let the above named petitioners be enlarged on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Brahmpur P.S. Case No. 143 of 2009. ( Birendra Prasad Verma, J ) BTiwary/