IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39098 of 2011 1. Sanoj Sahani alias Saroj Sahani, son of Babulal Sahani. 2. Manoj Sahani, Son of Babulal Sahani. 3. Babulal Sahani, Son of Late Siddhu Sahani. 4. Sundari Devi alias Sunari Devi, wife of Babulal Sahani. 5. Gayanti Devi, wife of Manoj Sahani. All are of residents of Village- Madhubani, Police Station-Sidhwalia, District- Gopalganj.............................................................................Petitioners. Versus The State Of Bihar………………….…………………Opposite Party. 2. 23.11.2011. Heard learned counsels for the petitioners and the State. The petitioners being the family members of the husband and husband himself are apprehending their arrest in a case registered under Section 304(B)/34 of the Indian Penal Code. The accusation is of killing the victim within two years of marriage by administering poison. Learned counsel for the petitioners submits that post mortem report as contained in Annexure-2 reflects no external or enternal injury and viscera was preserved. Moreover, the informant has retracted from his initial version and filed a petition to that effect before the learned court below. 2 Since petitioner no.1 is husband, this Court is not inclined to grant anticipatory bail to petitioner no.1. However, keeping in view of the fact that there is no injury on the person of the victim and the informant has retracted from his initial version, let the learned court below consider the regular bail of petitioner no.1 and try to dispose off the same preferably on the same day if the petitioner no.1 surrenders and prays for regular bail before the learned court below within a period of six weeks from today. With this observation, the anticipatory bail application on behalf of petitioner no.1 is rejected. So far petitioner nos. 2 to 5 are concerned, considering the aforesaid submissions, let them be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Sidhwalia P.S. Case No. 100 of 2011 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like 3 amount each to the satisfaction of the learned C.J.M. Gopalganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U. K. ( Dinesh Kumar Singh, J)