IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42006 of 2008 SHIV NARAYAN SINGH @ SHIV NARAYAN YADAV, son of Late Chandradeep Singh, resident of Village Kumarbigha, P.S. Jehanabad, District Jehanabad ------- Petitioner Versus STATE OF BIHAR ----------- 3. 16.12.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Jehanabad P.S. Case No.148/2008 for the alleged offences registered under section 304B/34 of the Indian Penal Code. The allegation against the accused persons, including the petitioner are to the effect that they used to demand dowry and on account of non-fulfilment, the deceased used to be tortured. Ultimately that torturing led to her killing by poisoning. The further allegation is that the deceased before her death during the course of her treatment in the hospital disclosed to the informant the story of poisoning by the accused persons and also disclosed the same to her brother who visited the hospital on learning that his sister was admitted in the hospital and receiving treatment. Learned counsel for the petitioner 2 submits that the statement of the deceased got falsified on account of opinion expressed by the Doctor that the deceased was brought to the hospital in an unconscious state. It is further submitted that the other witnesses during investigation have also not supported the prosecution case and also stated that the petitioner was not present on the day of the alleged occurrence. The learned APP appearing for the State on perusal of the case diary submits that some witnesses, including the brother of the deceased, have supported the prosecution case. Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. The application is, accordingly, dismissed. PNM (Shailesh Kumar Sinha, J.)