IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41743 of 2008 MD.IRFAN @ CHAND, son of Md. Habib Siddiki, resident of Mohalla Saraswati Chauk, Brahmpura, P.S. Brahmpura, District Muzaffarpur -----Petitioner Versus STATE OF BIHAR ----------- 3. 17.12.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Brahmpura P.S. Case No.155 of 2006 for the alleged offences registered under sections 341, 323, 307, 498A and 34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act. The petitioner is alleged to have demanded dowry and also on account of non- fulfilment, the informant was being tortured. It is submitted that the present case has been filed for ulterior purposes since prior to the filing of the present case the petitioner had also filed an application for divorce. The learned APP appearing for the State opposes the prayer for bail and submits that in view of the nature of allegations, the - 2 - petitioner is not entitled to the privilege of anticipatory bail. Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. The application is, accordingly, dismissed. However, on surrender in case an application for regular bail is filed in the court below, the same would be considered on its own merits in accordance with law without being prejudiced by the present order. PNM (Shailesh Kumar Sinha,J.)