IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29279 of 2010 PRAMOD YADAV, son of late Nathuni Yadav Versus STATE OF BIHAR ----------- 3 26.11.2010 Heard learned counsel for the petitioner as well as learned counsel for the State. Originally, case was registered under Section 304(B) of the I.P.C., but subsequently after investigation police came to conclusion that it is a case of Section 498A and 306 of the I.P.C. Admittedly, petitioner is husband of deceased whose marriage had taken place 5 to 6 years ago and allegedly petitioner assaulted the deceased prior to her death. Though there is some material in the case diary that deceased consumed insecticide at the time of alleged occurrence, but certainly the aforesaid act of the deceased was due to assault by the petitioner, accordingly, the petition for anticipatory bail stands rejected. Petitioner must surrender before the court below within 30 days from the date of communication of this order to the concerned court in connection with Aurangabad (M) P.S. Case No.59 of 2010 and if he seeks regular bail before the learned court below, his regular bail petition shall be considered by court concerned on its own merit without being prejudiced by this rejection order. PN ( Hemant Kumar Srivastava,J.)