IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2753 of 2010 1. SANJAY KUMAR @ SANJAY SAO , son of Arjun Sao 2. Mohan Kumar @ Mohan Sao, son of Arjun Sao All are residents of Bari Patan Devi, Garahapar, P.S.-Alamganj, Distt.-Patna. .. .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioners : M/s Devendra Kumar Sinha,Sr.Advocate & Pramod Kumar, Advocate For the State : Mr. Ram Priya Sharan Singh, Addl. P.P. For the Informant : Mr. Tilak Sao, Advocate ----------- 02/ 14-05-2010 Heard the parties including learned counsel appearing on behalf of the informant. In a criminal prosecution for the offences under Sections 304B/120B of the Indian Penal Code, petitioner no.1 is the elder brother and petitioner no.2 is the younger brother of the husband of the deceased. In the FIR there is allegation against all the FIR named accused persons including the petitioners that they sprinkled kerosene oil and burnt the deceased to the death. It is submitted by the learned counsel for the petitioners that according to the FIR, the allegation of demand of rupees five lac is for the purpose of purchasing a printing machine for the use of the husband of the deceased i.e. co-accused Pradeep Kumar, and therefore, for such allegation of demand of dowry other family members cannot be held responsible. It is further submitted that during the course of investigation some of the witnesses have not supported the prosecution allegation against the petitioners. 2 Learned counsels appearing on behalf of the State and the informant have strongly opposed the prayer for anticipatory bail and have pointed out that there are ample materials in the case diary to show the complicity of the petitioners for commission of the crime in question. Be that as it may, in view of the nature of allegation and in view of the fact that petitioners are also alleged to have participated in the crime in question, their prayer for anticipatory bail is rejected. They must surrender in the court below in connection with Alamganj P.S.Case No.218 of 2009 within a period of four weeks from today and seek regular bail, if so advised. If such a petition is filed, the same shall be considered and disposed of on its own merit without being prejudiced by the present order. AH/ ( Birendra Prasad Verma, J.)