JUDGMENT : P.K. Tripathy, J. - Heard. 2. In this application u/s 438, Code of Criminal Procedure Petitioner prays for anticipatory bail in Ranpur P.S. Case No. 20 of 2002 corresponding to G.R. Case No. 21 of 2002 of the Court of J.M.F.C., Ranpur. Admittedly, Petitioner is the husband of the deceased who died in the custody of the Petitioner. On the FIR lodged by the father of the deceased, a case was registered for the offence under Sections 498A/304B/201/34, Indian Penal Code read with Section 4, D.P. Act. It reveals from the FIR that there was ill-treatment and cruelty on the deceased on account of non-fulfilment of dowry demand, and on 24.2.2002 the father of the Petitioner came and intimated to him about the precarious condition of the deceased, who had hanged herself and that, she had been taken to the hospital. According to the further allegation in the F.I.R., after intimating that fact, father of the Petitioner fled away from that place and when the informant reached the house of the Petitioner he saw bot the sons of the deceased, and the Petitioner were crying on the entrance door and they narrated to him about the assault on the deceased, for which she died and thereafter the body being cremated. Thereafter the informant lodged F.I.R. and set the law into motion. Notwithstanding that, as it appears from Annexures 2 and 3, parties have made an amicable settlement and because of that the informant is prepared to ignore the ill-treatment and torture on his daughter as well as to forget about her death because of return of the dowry articles and assurance of depositing some amounts in the name of his grand-sons (sons of the deceased). Informant has also narrated in that affidavit that the marriage was more than seven years back. If that be so, this Court finds that if the offence u/s 304B, Indian Penal Code is not made out against the Petitioner, then to other offence shall be u/s 302, Indian Penal Code for causing death of the deceased. Since the informant has showed his character of being gained over in the aforesaid manner, therefore, the Superintendent of Police, Nayagada shall take appropriate steps against the informant for either lodging false report or departing from a true report. Since the informant has showed his character of being gained over in the aforesaid manner, therefore, the Superintendent of Police, Nayagada shall take appropriate steps against the informant for either lodging false report or departing from a true report. If necessary, he may also arrest the informant but that depends upon the facts and circumstances which shall be duly taken into account by the Superintendent of Police. 3. Coming to the merit of the case, since the Petitioner is involved in such a heinous offence, prayer for anticipatory bail is devoid of merit and stands rejected accordingly. 4. After arguing the aforesaid facts, learned Counsel for the Petitioner states that he does not press this application u/s 438, Code of Criminal Procedure and Petitioner shall surrender and apply for bail in the Court below. In the event Petitioner shall surrender and apply for bail in the Courts below within a period of two weeks, his bail applications be considered by the Courts below in accordance with law and as far as practicable expeditiously. 5. Free copy of this order be handed over to learned Addl. Govt. Advocate for imparting appropriate instruction to Superintendent of Police, Nayagarh. Petition dismissed. Final Result : Dismissed