IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32339 of 2011 Krishna Mohana Singh, son of Sri Kameshwar Singh Versus The State Of Bihar ---------------------------------- with Criminal Miscellaneous No.37472 of 2011 Rita Devi @ Rita Dev, wife of Sri Kameshwar Singh Versus The State Of Bihar ---------------------------------- 3. 25.11.2011 Heard learned counsel for the petitioners, learned counsel for the Informant and the State. The petitioners seek bail in a case instituted for the offence under Sections 304(B) and 211/34 of the Indian Penal Code. The marriage of petitioner No. 1 Krishna Mohan had taken place with the deceased about three years ago. From a letter relied upon by the Informant it appears that the issue of incompatibility is between the parties and there was general refrain of complaint against the in-laws for their misdeeds. The First Information Report speaks of information received by the Informant that his daughter had been killed and cremated at which he went to the place of occurrence. During investigation, some witnesses stated that the deceased had not wanted to live with the In-laws and in fact, had committed suicide. To screen the offence, the accused persons had cremated her in a hurry without informing the Informant. The petitioner submits that even in the letter purportedly written by the deceased, there is no specific allegation and the same was written about two years ago. Members of the Panchayat in the 2 panchayati between the parties stated that the deceased had said that she did not want to live with her in-laws because the marriage had been performed against her will. They did not support the factum of grievance against the accused persons that the deceased had been tortured for ends of dowry. In view of such, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Darbhanga, in connection with Simri P.S. Case No. 101 of 2011, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailors will undertake to furnish information to the court about any change in the address of the petitioners. (ii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. S.Ali ( Anjana Prakash, J.)