IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47901 of 2008 MD.SABIR Versus STATE OF BIHAR ----------- 2. 02.12.2008 Heard the learned Counsel for the petitioner and the learned counsel for the State. The petitioner apprehends arrest in a Police case under Sections 498A, 323, 341, 34 of the Penal Code and Sections 3 & 4 of the Dowry Prohibition Act. The submission is that he is not a family member but a co-villager. Other family members have been enlarged on anticipatory bail in A.B.P. No. 1128 of 2008. Learned counsel for the informant submits that the allegation of assault by the petitioner at the behest of the mother-in- law is specific. The injuries to the informant have been noticed in the impugned order of rejection. If the petitioner is not a family member, the applicability of Section 498 A of the Penal Code remains as a question mark. The allegations otherwise are bailable. The injuries are simple in nature, that makes the petitioner primarily answerable under bailable Sections of 323 and 341 of the Penal Code. In view of the aforesaid discussion, this application for anticipatory bail is rejected. His application for regular bail shall have to be considered in that light without being prejudiced by the present order. AKS/- (Navin Sinha,J.)