IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3085 of 2010 MUKESH KUMAR Versus THE STATE OF BIHAR ----------- 3 7.4.2010 Heard Mr. Ram Balak Mahto, learned senior counsel appearing for the petitioner and Mr. Nand Kumar, learned A.P.P. for the State. Petitioner apprehends his arrest in Azamnagar P.S. Case No. 134 of 2009 dated 10.8.2009 registered under section 304 (B) of the Indian Penal Code and ¾ of the Dowry prohibition Act. It is submitted by learned counsel for the petitioner that though the petitioner is the husband of the deceased but from the facts stated in the complaint petition itself it is apparent that death of the deceased has taken place at the house of the complainant and thereafter this petitioner within the full knowledge of the complainant took the dead body to his own house and cremation took place on 20.12.2008. After a gap of about seven months the present complaint petition was filed on 13th July 2009, which in terms of section 156(3) Cr.P.C. was sent to the police and accordingly the present case was registered. It is also submitted that the entire prosecution allegation against the petitioner is based on three letters allegedly written by the deceased, which was found in her attaché. Learned counsel for the State, though has opposed the prayer for anticipatory bail but has not disputed the aforesaid factual position. In the aforesaid back ground and in view of the fact that present complaint petition was filed after about seven months of the death and cremation of the deceased, and death of the deceased having taken place at the house of he complainant himself, let the above named petitioner in the - 2 - event of his arrest or surrender in the court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Katihar in the above noted case subject to the conditions laid down under section 438(2) Cr.P.C. (Birendra Prasad Verma, J) M.Rahman