IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4021 of 2009 1. ANHOTI SAH SON OF LATE KELAN SAH 2. INDU DEVI WIFE OF ANHOTI SAH 3. NAKCHHED SAH SON OF RAM CHANDRA SAH ALL ARE RESIDENT OF VILLAGE PACHBHIRIYA, P.S. RAMGARHWA, DISTRICT EAST CHAMPARAN. …….. PETITIONER. Versus STATE OF BIHAR ----------- For the petitioners : M/S S.N.P.Sinha, Sr. Advocate with Ram Kishun Prasad, Adv. For the State : Mr. Jharkhandi Upadhyay, A.P.P. ------- 2/ 08-04-2009 Heard learned counsel for the petitioners in their second attempt for procuring anticipatory bail in connection with Ramgarhwa P.S. Case No. 110 of 2007, registered under sections 304(B), 201 and 34 of the Indian Penal Code. The petitioners had initially prayed for anticipatory bail vide Cr. Misc. No.15577 of 2008 after their prayer had been rejected by learned Sessions court on merit. The said Cr. Misc. No. 15577 of 2008 was dismissed as withdrawn on 21.05.2008 after the prayer was made seeking for its withdrawal. The present application has been filed seeking anticipatory bail on the ground that the co-accused, whose trial has been bifurcated earlier, had been acquitted by judgment and order dated 26.08.2008 passed by Shri Shyam Kishore Sah, learned Presiding Court, Fast Track Court no.3, East Champaran at Motihari in Sessions Trial No.297/ 74 of 2008/08 . It has been submitted that since all the witnesses had turned hostile as would be apparent from the said judgment, which is Annexure-3 to the application, nothing now remains and the petitioners - 2 - will be unnecessarily harassed if they are asked to face trial. Admittedly the prayer for anticipatory bail on the earlier occasion had been dismissed as withdrawn on a prayer being made by the learned counsel for the petitioners. By reason of the dismissal of the said prayer it was to be presumed that the petitioners would surrender in the court below which they had failed to do and instead moved for a fresh anticipatory bail before the Sessions Court vide A.B.P. No. 1314 of 2008. Taking a lenient view of the matter it is hereby directed that the petitioners will surrender in the court below by 29th of April, 2009 and pray for regular bail. In the event they surrender and pray for regular bail, the court below will take into consideration the relevant facts germane to the point in issue and pass an appropriate order in accordance with law. With the aforesaid observation this application is dismissed. BTiwary/ ( Abhijit Sinha, J )