IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33439 of 2008 MANGANI BAITHA BIRBAHADUR BAITHA SON OF MANGANI BAITHA & SUGANDHI DEVI WIFE OF BHIKHARI BAITHA ALL RESIDENT OF VILLAGE LAKHORA P.S. CHIRYA, DISTRICT- EAST CHAMPARAN Versus STATE OF BIHAR ----------- 2 21.10.2008 Heard learned counsels for the petitioners and the State. Petitioners, who are the father-in-law, brother-in- law & married Nanad of the deceased, are accused for the offence under section 304 B of the Indian Penal Code and sections 3 & 4 of the Dowry Prohibition Act. It has been submitted on behalf of the petitioners that the present first information report was lodged by the informant without verifying the correct facts which would be evident on perusal of the judgment passed in the Sessions Trial No. 672 of 2007/ 157 of 2007 in respect of the trial of the mother-in-law of the deceased. It is further submitted that during the aforesaid trial the informant and other witnesses as regards the death of the deceased have categorically stated that the deceased had died due to snake biting as initially stated in the fardbeyan and the members of the in-laws family are not responsible for the death of the deceased (Annexure-3). It is further contended that a compromise petition has also - 2 - been filed in this case vide Annexure-2. Besides the above, it is submitted that there is no specific allegation against these petitioners in respect of the alleged crime. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, namely, Mangani Baitha, BirBahadur Baitha & Sugandhi Devi be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran in connection with Ghorasahan P.S.Case No. 58 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)