IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36549 of 2009 AJAY KUMAR GUPTA S/O RAM CHANDRA PRASAD GUPTA VILL- MAIN BAZAR, RAJGIR, P.S. RAJGIR, DISTT. NALANDA Versus THE STATE OF BIHAR ----------- 3 9.3.2010 Heard counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under section 304(B)/34 of the Penal Code. It is alleged by the informant that the accused persons including the petitioner tortured her daughter due to non-fulfillment of demand of dowry. It is further alleged that on 8.4.2009 the petitioner brought back Munmum Devi, the deceased, from her paternal house and on the following night the petitioner’s elder brother Daya Nand Prasad Gupta informed the informant that the condition of his daughter is bad. On receiving information, the informant came to the Sasural of his daughter and learnt that his daughter has been burnt to death. The police after investigation found the case true only under section 306 of the Penal Code. Counsel for the petitioner submits that it would appear from the supervision note of the Dy.S.P. and the Superintendent of Police that in course of boiling of milk the deceased Munmum Devi injured. It has also come in course of investigation that the deceased was not of sound mind and at times she committed childish and foolish act. The contention raised by the petitioner would be a good ground for grant of regular bail. In the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. His prayer for anticipatory bail is 2 KHAN rejected. However, if the petitioner surrenders and pray for regular bail, the same would be considered on its own merit without being prejudice by the fact that he moved this court for grant of anticipatory bail. (S.P.Singh,J)