IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38122 of 2009 DINESH YADAV son of Tilak Yadav , r/o village Nawadih P.S. Chandan, Dist. Banka ……..Petitioner. Versus STATE OF BIHAR ----------- 3 16.3.2010 Heard the parties. Petitioner apprehends his arrest in Chandan (Anandpur) P.S. case No. 83 of 2008, instituted under sections 498A, 304 B/34 of the Indian Penal Code. It is submitted by learned counsel for the petitioner that though the petitioner is the husband of the deceased but there is no specific allegation of any specific overt act against the petitioner and all the allegations are general and omnibus against all the first information report named accused persons. It is further submitted by learned counsel for the petitioner that as a matter of fact, deceased committed suicide due to some family dispute. Petitioner has also drawn my attention towards the order dated 24.4.2009; vide annexure-2, whereby in-laws of the deceased have been granted anticipatory bail. Learned A.P.P. has opposed the prayer for anticipatory bail on the ground that petitioner is the husband and the case of the petitioner is quite distinguishable from the case of other co-accused persons who have been admitted to anticipatory bail. - 2 - Be that as it may, in the facts and circumstances of the case, this court is not persuaded to accede to the prayer of the petitioner for grant of anticipatory bail. It is accordingly rejected. However, if the petitioner surrenders within four weeks from today and prays for regular bail, then the court below shall take into consideration the submissions mentioned above and dispose of the bail petition on its own merit without being prejudiced by this order. (Birendra Prasad Verma, J) M.Rahman