IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40694 of 2008 1. HIRA LAL MUKHIYA @ HIRAJEE MUKHIYA S/O LATE BIKAU MUKHIYA 2. LACHHO MUKHIYA S/O LATE BIKAU MUKHIYA 3. MARANI DEVI W/O AMIT MUKHIYA ALL R/O VILLAGE- AKAUR, TOLE DIGHIYA, P.S.- BENIPATTI, DISTRICT- MADHUBANI Versus STATE OF BIHAR ----------- 3 15/01/2009 Heard learned counsel for the petitioners and State. The petitioners apprehend their arrest in a case which has been registered under sections 304B/34 of the Indian Penal Code. Informant’s sister was married with the petitioner no. 1. Later on the eve of marriage of younger brother of the husband of the deceased, she was asked to give her ornaments, which was not given. Later on she was killed. Submission is that there is no allegation of demand of dowry. Allegation of demand of ornament on the eve of marriage of family member is not under the category of demand of dowry. Petitioner no. 2 is younger brother of petitioner no. 1 and petitioner no. 3 is the Gotini of the deceased. The duty and the responsibility of the Petitioner no. 1 Hira Lal Mukhiya @ Hirajee Mukhiya being the husband of the deceased in a case under section 304 B cannot be equated with the roles of others so his prayer for bail is rejected. So far as the case of petitioner nos. 2 and 3 namely, Lachho Mukhiya and Marani Devi are concerned they are directed to surrender before the court below within three weeks from the date of - 2 - receipt/production of a copy of this order and on their so surrendering they shall be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Madhubani in connection with Benipatti P.S. Case No. 30 of 2008, subject to the condition as laid down under section 438 (2) of the Cr.P.C. avin (Shyam Kishore Sharma, J.)