IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9796 of 2011 Ash Mohammad Versus The State Of Bihar ----------- 3 04.07.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Akhatri Bano grand mother of deceased Ashima Perween alias Pappi wife of Md. Arshad alias Suman gave her fardbeyan to the effect that deceased was done to death by her in-laws in the background of non-fulfillment of demand of dowry. The contention on behalf of the petitioner is that though he happens to be named in the fardbeyan but neither there happens to be specific allegation nor during course of investigation, the police collected any specific material through the mouth of any of the independent witnesses. Learned counsel for the petitioner also submitted that husband of deceased had already been granted regular bail, so submitted that taking into account the age of petitioner who happens to be aged about 80 years as well as the nature of allegation, petitioner be enlarged on anticipatory bail. On the other hand the learned Public Prosecutor opposed the prayer and submitted that the cause of death is still not known as FSL report has not been received. Apart from this also submitted that occurrence is of the year 2006 2 and petitioner remained absent for such long period without having any cogent explanation. Also submitted that due to non-appearance of petitioner, trial has been held up for such long term. In the aforesaid facts and circumstances of the case, I do not see fit case for grant of anticipatory bail, accordingly rejected. However, in case of surrender, the learned lower court will consider that husband of deceased had already been granted regular bail without being prejudiced by the order impugned. PN (Aditya Kumar Trivedi, J.)