IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31327 of 2011 ====================================================== Rakesh Kumar @ Rakesh Prasad, son of Jagat Prasad, resident of Vill. Bajitpur, P.S. Parasbigha in the Distt. of Jehanabad. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 15-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution registered under Sections 304B/34 of the Indian Penal Code. Learned counsel for the petitioner submits that as a matter of fact, the marriage between the petitioner and the deceased had taken place in the year 1997 and as per prosecution case, the occurrence has taken place in the year 2010, and therefore, offence under Section 304B of the Indian Penal Code shall not be attracted in the present case. On the aforesaid ground, it is submitted that entire prosecution case against the petitioner under Section 304B of the Indian Penal Code is misconceived. It is Patna High Court Cr.Misc. No.31327 of 2011 (2) dt.15-10-2011 2 highlighted that as a matter of fact, for the occurrence in question, the petitioner had given information to the Police on 30.10.2010, as the deceased had committed suicide by her own. It is also highlighted that the petitioner is a Government servant. Learned Additional Public Prosecutor appearing for the State has opposed the prayer made on behalf of the petitioner for grant of anticipatory bail. It is submitted that the petitioner, being the husband of the deceased, is the main culprit and, therefore, even if, the marriage had taken place in the year 1997, then in that case also, he is not entitled for privilege of anticipatory bail. Be that as it may, in view of nature of allegations and in view of relationship between the petitioner and the deceased, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. It is, accordingly, rejected. The petitioner must surrender in the court below in connection with Ishak Chak P.S. Case No. 59 of 2010 pending in the court of learned Chief Judicial Magistrate, Bhagalpur within a period of four weeks from today, and if so advised, seek regular bail, which shall be considered on its own merit without being prejudiced by the present order. Patna High Court Cr.Misc. No.31327 of 2011 (2) dt.15-10-2011 3 The petitioner shall be at liberty to raise all the pleas for the purpose of grant of regular bail, which have been raised in the present petition. Anjani /- (Birendra Prasad Verma, J)