IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32620 of 2011 1. Surendra Paswan, son of Dwarik Paswan 2. Sakuntala Devi, wife of surendra Paswan 3. Prem Paswan, son of Dwarik Paswan 4. Lalmuni Devi, wife of Harendra Paswan 5. Mithilesh Paswan, son of Harendra Paswan 6. Rekha Devi, wife of Mithilesh Paswan All resident of village – Harpur Gangaram, P.S. – Mahua, District – Vaishali. ------Petitioners. Versus The State of Bihar -----Opposite Party ******* 03. 30.11.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State who is armed with carbon copy of the case diary. All the six petitioners, apprehending their arrest in connection with Mahua P.S. Case No. 240/2011 for offences under Sections 302/201/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Vaishali at Hajipur, are named accused in this case being in-laws of deceased daughter of the informant who died roughly after 16 years of her marriage and blessed with five children but of burn injuries and the moment informant getting information about some smoke coming from the house of the deceased on burning of her body, he arrived and found that even her funeral was performed in the courtyard and arrival of the prosecution side and villagers etc. All family members including the petitioners fled away. Submission is that petitioners are living separate and the specific allegations levelled regarding sort of demand is against the husband, non-petitioner. Further it is practice that dead bodies are being criminating in self courtyard, but there appears no explanation or statement during investigation in support of such submission. Considering the facts and circumstances and initial stage of the investigation, petitioners appear not entitled for the privilege sought. Accordingly, prayer for anticipatory bail of the petitioners is hereby refused. Rajeev/- ( Akhilesh Chandra, J.)