IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52006 of 2008 1.TAPESHWAR MAHTO @ NAGENDRA MAHTO son of Chhathu Mahto 2.Chhathu Mahto son of Late Faudar Mahto 3.Prabhawati Devi wife of Chhathu Mahto all resident of village Bahuarwa,Telia Tola,P.S.Majhaulia,Distt.West Champaran Versus STATE OF BIHAR ----------- 3/ 9.4.2009 Heard learned counsel for the petitioner and the State. The petitioners are accused in a case which has been registered for offences under Section 304B/34 of the Indian Penal Code and 3/ 4 of the Dowry Prohibition Act. Informant’s daughter Geeta Devi alias Shanti Devi was married with petitioner no.1 on 5.4.2006. She could not complete her two years of marriage and her agony started in connection with additional dowry related demand. Her inability to bring additional dowry and pressure of petitioner no.1 to bring the same resulting in her elimination. Submission is that the victim was being treated by Dr.R.Prasad Singh. The death is on account of epilepsy. Allegation of poising is not correct. The petitioners are of poor family. The death is within two years of marriage and there is allegation of demand of additional dowry prior to death of the victim. So far as petitioner no.1 is concerned, he is husband of the victim. His duty towards wife cannot be equated with the duty of others. So I am not inclined to grant him bail. Accordingly, the prayer for bail of petitioner no.1 Tapeshwar Mahto alias Nagendra Mahto is rejected. - 2 - However, he may renew his prayer for bail before the court below after examination of the informant. So far as petitioner nos. 2 and 3 are concerned, they are parents of husband of the victim and it has been submitted that they are of advanced age. Considering the facts and circumstances of the case, petitioner nos. 2 and 3 named above are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P.S.Case No. 88 of 2008. Md.S. (Shyam Kishore Sharma,J.)