IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23277 of 2010 SHASHI BHUSHAN MAUAR . Versus STATE OF BIHAR . ----------- 3 27.10.2010 Heard learned counsel for the petitioner and the counsel appearing for the state. Petitioner namely Shashi Bhusan Mauar who happens to be father-in-law of the deceased, apprehends his arrest in connection with Ara Town P.S. Case No.413/2009 registered under Sections 304(B), 201, 34 and 3/4 of the Dowry Prohibition Act. Although the case stood instituted under Section 304B and other minor sections of the IPC but as is evident from further settlement of the informant, the marriage of deceased had taken place in the year 1996 whereas the occurrence took place in the year 2009. So, Section 304B of the IPC is not applicable. In course of argument, learned counsel for the informant points out that the prayer for anticipatory bail of mother-in-law and Gotini of the deceased has already been rejected by another bench of this court. Furthermore, the impugned order reveals that prior to her death, the deceased was subjected to cruelty by her in-laws and therefore, in my view, this is not a fit 2 case for grant of anticipatory bail. The petitioner may seek regular bail before the lower court if he so advised. In the facts and circumstance this anticipatory bail petition stands rejected with direction to petitioner to surrender before the learned court below within 30 days from the date of communication of this order. Furthermore the learned Chief Judicial Magistrate Ara shall dispose of the regular bail application of the petitioner on the day when he files his regular bail petition and after that if the petitioner moves regular bail application before learned Sessions Judge, Ara in that event the learned Sessions Judge, Ara shall consider the regular bail application of the petitioner particularly keeping in mind that it is not a case of Section 304B of the IPC and no specific overt act has been attributed against the petitioner when the first information report was lodged. AKV/PN ( Hemant Kumar Srivastava,J.)