IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36136 of 2009 1. ANWAR HUSSAIN @ Abbas, son of late Birbal Mian, 2. Sobrati Mian, son of Doman Mian, 3. Salma khatoon, wife of Birbal Mian, 4. Zarina Khatoon, daughter of Birbal Mian, all of village kamta Bazar, P.S. – baniapur, District – Saran. ------------------ Petitioners. Versus THE STATE OF BIHAR -------------- Opposite Party. ****** For the petitioners : Mr. Ramakant Sharma, Adv. For the State : Mr. Shailendra Kumar, APP. ****** 04. 19.05.2010 Heard learned counsel for the petitioners and State. Petitioners apprehend their arrest are accused named in Baniapur P.S. Case No. 152/2006 for the offences under Sections 304B/201/34 of the Indian Penal Code, being husband and in-laws of the deceased’s sister of the informant who died unnatural death within a year of her marriage, carry allegations of demand of dowry, torture etc. Initially an U.D. case was instituted at the instance of mother-in-law i.e. petitioner no.3. The police after institution of case and investigation submitted final form in this case, but, taking a different view, cognizance for the offence was taken. Learned session judge referring paragraphs 19, 20, 21 and 22 of the case diary refused the privilege to the petitioners, on the basis of carbon copy of the case diary. It is submitted that these paragraphs contains nothing but repetition of statements recorded in fardbeyan and none of these persons are eye witnesses rather the informant himself participated in the burial ceremonies of the deceased after handing over of the dead 2 body by police to the in-laws after post mortem examination. Considering the facts and circumstances of the case, in the event of their arrest/surrender within four weeks on receipt of the copy of this order, let the petitioners namely, (1) Anwar Hussain @ Abbas (2) Sobrati Mian, (3) Salma Khatoon and (4) Zarina Khatoon, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra, in connection with Baniapur P.S. Case No. 152/2006. Subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to attend the court at least for two years or till disposal of the case whichever is earlier, on failure on two consecutive dates, the privilege granted shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)