IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17821 of 2008 MANOJ CHOUDHARY Versus THE STATE OF BIHAR ----------- 3. 04.07.08. This is an application filed under Section 438 Cr.P.C. in connection with Giriyak P.S. Case No. 107/07 for offence under Section 304B/34 I.P.C. Heard. Learned counsel for the petitioner submitted that the petitioner is elder brother of the husband of the deceased. Police has already submitted final form. The above named petitioner was not sent up for trial. The petitioner lives in the district of Dhanbad. Learned A.P.P. opposed the prayed and has submitted that from perusal of the F.I.R. it would appears that there is clear of demand of dowry and torture against petitioner also. Cognizance has been taken by the C.J.M. and the impugned order of the Sessions Judge shows that there are allegations against the petitioner also. In view of the above nature of the case, I do not feel inclined to grant anticipatory to the petitioner. He may surrender in the court below and seek regular bail. In that event, the learned lower court shall be disposed of the regular bail application without being prejudiced by this order. M. Pal. (Rekha Kumari,J.)