IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38563 of 2009 1. RADHE SINGH 2. Abhay Singh Both sons of Ram Bali Singh, resident of village Amba, P.S. Rahui, District Nalanda Versus STATE OF BIHAR ----------- 2. 12.11.2009 Heard counsel for the petitioners and the counsel for the State. Petitioner no.1 is the Bhaisur and petitioner no.2 is the Dewar who are facing prosecution u/s 304B I.P.C. alongwith others including husband Pintu @ Mangal Singh as also father-in-law Rambali Singh and mother- in-law Bachchi Devi. Counsel for the petitioners would submit that not only there would be presumption of no direct proximity in demand of dowry or causing torture to the deceased against the petitioners who are, as noted above, Bhaisur and Dewar respectively but as the police in course of investigation has found that it was the father-in-law who had given an anxious moment to the deceased on account of his being characterless person and allegedly involved with the wife of petitioner no.1, at least the petitioner 2 no.1 or for that purpose even petitioner no.2 cannot be a party in killing the deceased in stead of his father. He would also submit that the petitioners have no criminal antecedent and have surrendered themselves after their prayer for anticipatory bail was rejected. Considering the fact that there is omnibus allegations against the petitioners and that the main allegation is against the father-in-law and of course against the husband as also the presumption of torture can at best extend against the mother-in-law but not against the petitioners as also the fact that they have got no criminal antecedent, this Court would direct for release of the abovenamed petitioners on bail on their furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Bihar Sharif in Rahui (Bhagan Bigha) P.S.Case No. 73/2007, in which one of the bailors must be a close family of the petitioners. 3 Surendra/ It goes without saying that the petitioners shall remain present in the course of trial and their repeated absence on two consecutive dates will make them liable for cancellation of their bail. (Mihir Kumar Jha,J.)