IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43489 of 2009 MD. MOHIUDDIN @ MOHIUDDIN, AKALIYA KHATOON @ AKLIYA KHATOON & GULSHAN @ GULSHAN KHATOON Versus STATE OF BIHAR ----------- 2. 7.12.2009 Heard. The three petitioners are the parents and unmarried sister of the husband. Plea of old age has been taken as regards petitioners 1 and 2. So far as petitioner no.3 Gulshan @ Gulshan is concerned she is said to be a young lady who is yet to marry. There does not appear any dispute that the lady deceased had eloped with the husband to marry him but subsequently it appears that the story of demand for dowry, as per submissions of the learned counsel appearing for the petitioners, was developed to make out a case of culpable homicide or of dowry death. The contention was that in fact just after marrying the son of petitioners’ no.1 and 2 the lady left for her parent’s house as her husband went to Himachal Pradesh, his work place. The parents of the lady and other relatives pressurized and tortured her to break the relationship and not finding her agreeable - 2 - they tortured and ultimately killed her. This defence appears taken in the court below also but the court below has brushed aside the defence after recording that there were circumstances against all the three persons. It is contended that the husband is in prison. Be that as it may, regard being had to the old age of the petitioners no.1 and 2 and the unmarried status of petitioner no.3, let the above named three petitioner be released from custody on furnishing bond of Rs.10,000/-(ten thousand)each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in Abadpur P.S.Case No.41 of 2009. B.Kr. ( Dharnidhar Jha, J. )