IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35085 of 2011 Mohammad Nizam @ Md. Nizam, Son of Md. Idrish , resident of Village- Nawada Parsauni, P.S. Uchakagaon, District- Gopalganj --- Petitioner Versus The State Of Bihar ---------------------------------- 02 24-10-2011 Heard Sri Nafisuzzoha, learned counsel for the petitioner and Sri Shivesh Mishra, learned Addl. Public Prosecutor. The petitioner, who is husband of the deceased, is apprehending his arrest in connection with Uchakagaon P.S. Case no.104 of 2011 registered for the offence under Section 304(B)/34 of the Indian Penal Code. It appears that there was allegation of torturing and thereafter death of daughter of the informant has occurred. Learned counsel for the petitioner submits that mother and sister of the husband of the deceased have already been granted anticipatory bail mainly on the ground that the death of the deceased had occurred in hospital. Be that as it may, considering the fact that the petitioner is the husband of the deceased and it is case under Section 304 B of the Indian Penal Code, the Court is not inclined to extend the privilege of anticipatory bail. It is made clear that if the petitioner surrenders before the court below and makes a prayer for grant of regular bail, learned court below without being prejudice with this 2 order will examine the case on the basis of materials available in the case diary and decide the same without any delay. NKS/- ( Rakesh Kumar, J.)