IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23419 of 2010 SUSHIL SHARMA & ANR Versus STATE OF BIHAR ----------- 2. 03.08.2010 Heard learned counsel for the petitioners and the State. The petitioners being the elder brother of the husband and his wife are apprehending their arrest in a case registered under Sections 304 (B), 201/34 of the Indian Penal Code and Section ¾ of Witch Craft Act. It is submitted by learned counsel for the petitioners that in the F.I.R. there is nothing specifically alleged against the petitioners. Moreover, in the F.I.R. there is no allegation of demand of dowry which takes out the case from the preview of Section 304(B) of the Indian Penal Code. It is further submitted that the petitioner was partitioned from the husband. It is also submitted that the husband is already in custody. Considering the fact that the petitioners are elder brother and his wife of the husband and there is no allegation of demand of dowry, let the petitioners, namely (1) Sushil Sharma (2) Saroj Devi in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, 2 be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Bhorey P.S. Case No. 70 of 2010, subject to the condition as laid down under Section 438(2) Cr.P.C. Anand Kr. ( Dinesh Kumar Singh, J.)