IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12534 of 2010 1. MUNNAKA RAI 2.Kalabati Devi @ Kalawati Rai resident of village Panapur Sukhanand P.S.P.S. Bidupur, District Vaishali at present residing at House No. E—226, village/ ward MoB-II(East), G.P./Toown- MOB-II (East, P.S. Itanagar, Dist. Papumpare, State Arunachal Pradesh …….Petitioners. Versus STATE OF BIHAR Opp. Party. ----------- For the petitioners : Mr. Mani Shankar Narayan, Advocate Mr. Vishnudeo Narayan, Advocate. For the State : Mr. Akhileshwar Dayal, A.P.P. ----------- 2 11.5.2010 Heard the parties. In a criminal prosecution for offence under section 304 B/34 of the Indian penal Code, the petitioner no.1 is father-in-law and petitioner no.2 is the mother-in-law of the deceased. On perusal of the FIR vide Annexure- 1, it appears that there is allegation of demand of dowry and torture, as a result of which deceased is said to have committed suicide. As per tenor of the FIR vide Annexure-1 the case ought to have been registered under section 306 of the Indian Penal Code and not a case under section 304 B of the Penal Code. By referring to Annexure-4 a fixed deposit certificate dated 18th June 2001 in the name of husband and the deceased, it is submitted that as a matter of fact marriage had taken place in the year 2001 itself and case has been lodged in the year 2009, thus obviously the death has not taken place within seven years from the date of marriage and on this ground also the petitioners cannot be prosecuted for the offence under section 304 B of the Indian Penal Code. It is further stated that co-accused Ravi Rai , the husband of the deceased, is already in judicial custody. - 2 - Be that as it may, in the facts and circumstances of the case, in the event of their arrest or surrender in the court below within a period of four weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of C.J.M, Vaishali at Hajipur in connection with Bidupur P.S. Case no. 134 of 2009, G.R. Case No. 1519 of 2009, subject to the conditions laid down under section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman