IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45520 of 2009 DAYA DEVI Wife of Jagdish Sahni Versus STATE OF BIHAR ----------- 3/ 06.01.2010 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in a case under Sections 498, 304 B, 201/34 of the Indian Penal Code in Complaint Case no. 1767 of 2005. The petitioner had earlier moved this Court vide Cr. Misc. No. 50020 of 2006 and by order dated 05.12.2006 this application was dismissed as withdrawn, as learned counsel for the petitioner sought permission to withdraw this application. Thereafter this application has been filed after three years. It appears that the petitioner did not surrender in the court and her trial was separated and proceeded against other accused persons. The petitioner now wants to take advantage of certain depositions made by the complainant in the trial. Learned counsel for the State submits that petitioner has evaded process of law and has not surrendered for four years. In the circumstances, I am not inclined to grant bail to the petitioner. Accordingly, her prayer for anticipatory bail is rejected. Petitioner should surrender before the court below and pray for regular bail which would be disposed of on its own merit without being prejudiced by this order preferably on the same day. Uday/ (Samarendra Pratap Singh, J.)