IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANIOUS NO.3045 OF 2011 DHANANJAY KUMAR MANDAL Versus THE STATE OF BIHAR.. -------------- 4. 13.07.2011. The petitioner, who is younger brother of the husband of the deceased is an accused in a case registered under sections 328,302/34 IPC. He apprehends his arrest on the allegation that on account of non-fulfilment of dowry, he with the aid of his family members administered poison to the sister of the informant who died during treatment at Sabour. By order dated 12.7.2007 this Court had allowed the petitioner the provisional anticipatory bail till the submission of the charge sheet. After submission of charge sheet under section 306 IPC the petitioner has moved this Court in instant application. He was allowed to remain on provisional bail vide order dated 18.3.2011 and case diary was called for. Now, the case diary is on record. The petitioner submits that the deceased was married to his elder brother in the year 2003 who unfortunately died in motorcycle accident in the year 2004. Thereafter a proposal was made for their marriage. It is 2 further alleged in the FIR that he began to live together and marriage was not solemnized between them as prosecution side could not fulfill the dowry demand. He submits that the in course of investigation the prosecution case has been found to be incorrect and charge sheet has been submitted only under section 306 IPC. It has come in the investigation that the deceased committed suicide as she heard that the petitioner is going to be married with another woman. The petitioner submits that there is nothing in the case diary to show that he lived like husband and wife with the deceased. It is further submitted that allegation of offence under sections 328,302/34 has been found to be false in course of investigation. Having heard the parties and taking into consideration the materials on record, provisional anticipatory bail allowed to the petitioner in Sabour Police Station Case No. 328 of 2006 vide order dated 18.3.2011 is confirmed. The committal court would pass appropriate order regarding commitment of the case. Petitioner and other accused persons would be present in person in the court so that the case may be committed, failing which the trial court 3 would be at liberty to cancel the bail bond of petitioner. Let this order be communicated to the Chief Judicial Magistrate, Bhagalpur through FAX at the cost of the petitioner. Petitioner would not be absent for two consecutive dates till three witnesses are examined in the trial. Shashi ( S.P. Singh, J.)