IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11625 of 2009 1. GENIA DEVI, wife of Sudama Sah 2. Sobha Devi, wife of Mukti Nath Both residents of village-Telkathu, P.S.-Husainganj M.H. Nagar, District- Siwan-----------------------------------------------------------------Petitioners. Versus STATE OF BIHAR ----------- 3. 4.5.2009 Heard learned counsel for the petitioners and the State. In the case there is allegation regarding setting the deceased on fire at the hand of the accused persons for non-fulfilment of demand of dowry which is countered by the learned counsel for the petitioners that informant’s relations have also not supported the demand rather they are stating about husband having illicit relations with his sister-in-law (petitioner no.2). But in the case diary even villagers-witnesses are there to state that petitioners were there to set the deceased on fire for the lust of dowry. Whatever may be the statement of witnesses having some deviation but death is within seven years and death occurred due to burn injuries in the matrimonial house. If that is due to her husband having illicit relation with his sister-in-law and that is not proved, is not a matter to be taken into consideration at this stage. Circumstances discussd above along with allegation do not justify petitioners arrest at the moment. Prayer for anticipatory bail of the petitioners is allowed. Accordingly, in the event of arrest or surrender within one month from today in Hussainganj M.H. Nagar P.S. case no.5 of 2009 , the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-( Ten thousand) each with two sureties of the - 2 - like amount each to the satisfaction of the C.J.M., Siwan , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )