IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.34234 of 2009 MANOJ KUMAR MAHTO, Son of Yogendra Mahto Versus THE STATE OF BIHAR ----------- 4/ 25.11.2009 Heard learned counsel for the petitioner and the State. The prayer for grant of anticipatory bail of the petitioner was earlier rejected on 03.05.2007 in Cr. Misc. No. 6834 of 2007. The petitioner apprehends his arrest in a case under Sections 304 B, 498A/201 of the Indian Penal Code. The informant states that the accused persons including the petitioner tortured her daughter for non-fulfillment of dowry demand. It states that on 25.09.2005 another daughter Parvati Devi informed that her sister Vandana Kumari has been done to death on 23.09.2005. Learned counsel submits that the instant complaint has been filed after delay of 23 days. He states that Parvati Devi in her statement before the police stated that diarrhoea had widely spread in the area and her sister died of the same. Learned counsel has also drawn my attention to the statement of the Doctor, who stated that diarrhoea had spread in the village and the deceased was also brought for treatment. Having considered the facts of the case, I do not find any substantial material for interfering with the earlier order refusing anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail is again rejected. However, the petitioner may surrender before the court below and pray for regular bail which would be disposed of on the same day without being prejudiced by - 2 - this order. It will be open to the petitioner to take all these points before the learned court below in seisin of the case. Uday/ (Samarendra Pratap Singh, J.)