IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3052 of 2010 MUKESH CHAUDHARY Versus THE STATE OF BIHAR 2 15.3.2010 Heard learned counsel for the parties. Petitioner apprehends his arrest in a case instituted under section 304-B/34 of I.P.C. It is submitted by the learned counsel for the petitioner that though the petitioner is husband of the deceased, but there is no specific allegation of any specific overt act against the petitioner. It is also submitted that there is general and omnibus allegation against all the three F.I.R. named accused persons that they had demanded Rs.1/- lac towards dowry. Learned counsel for the petitioner has drawn my attention towards Annexsure- 2 , medical report which shows that the deceased was referred to P.M.C.H. for treatment. Learned counsel for the petitioner submits that the deceased was suffering from jaundice and she had died on account of that. It has further been submitted that two other co-accused persons who are mother-in-law and devar of the deceased have been granted anticipatory bail by order dated 21.12.2009 passed in Cr.Misc. No.40480/09 by a bench of this Court. Learned counsel for the State has vehemently opposed the prayer for anticipatory bail on the ground that the petitioner is husband. His case is quite distinguishable from the case of the other co-accused persons. 2 Be that as it may, in the facts and circumstances of the case, this Court is not inclined to accept the prayer of the petitioner for grant of anticipatory bail. His prayer for anticipatory bail is rejected. However, the petitioner is directed to surrender before the court below within a period of six weeks and if he prays for regular bail then that should be considered on its own merit without being prejudiced by this order. The court below while considering the prayer for regular bail of the petitioner would consider the submissions recorded above and would also consider other materials which are available on the record and then pass order in accordance with law. AnilKr.Sinha (Birendra Prasad Verma,J.)