IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52293 of 2008 1. RAM SUBHAG YADAV, son of Late Ganesh Yadav 2. Manturiya Devi, W/o Ram Subhag Yadav 3. Ram Ashish Yadav, son of Ram Subhag Yadav 4. Kabutari Devi, W/o Ram Ashish Yadav 5. Bhola Yadav, son of Ram Subhag Yadav 6. Bilakshan Yadav, son of Ram Subhag Yadav 7. Lukniya Devi, D/o Ram Subhag Yadav All of village Bela Doura, P.S.- Babubarhi, District- Madhubani. ---- Petitioners Versus STATE OF BIHAR ---- Opposite Party. ----------- 2 9.2.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. Petitioners who are the in laws of the deceased lady apprehend their arrest in a case under Section 304, 201/34 of the Indian Penal Code. From the order sheet, it appears that the charge sheet had been submitted against the husband and he is in custody and facing trial. Learned counsel for the petitioners submits that during the couse of trial the witnesses have stated that the victim lady died of diarrhoea and vomiting, and therefore, it cannot be alleged that the petitioners were involved in the occurrence. The petitioners are at liberty to surrender in the Court and seek regular bail 2 and if the Court finds that no charge sheet has been submitted against the petitioners or that the evidence of the witnesses indicate that the lady died of diarrhoea, the petitioners namely Ram Subhag Yadav, Manturiya Devi, Ram Ashish Yadav, Kabutari Devi, Bhola Yadav Bilakshan Yadav and Lukniya Devi should be released on bail forthwith in connection with Babubarhi P.S. Case No. 27 of 2004 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani. This anticipatory bail application is disposed of with the aforesaid submission. Learned counsel for the petitioners is at liberty to deposit the cost of FAX for communicating the order to the Court of the Chief Judicial Magistrate, Madhubani. Sanjay (Sheema Ali Khan, J.)