IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4300 of 2009 SHUSHILA DEVI, WIFE OF BISHESHWAR SHARMA, RESIDENT OF VILLAGE – SOUTH MARAR, P.S. – MORAHI DISTRICT – KHAGARIA. ….. PETITIONER. Versus STATE OF BIHAR ….. OPP. PARTY. For the petitioner : Mr. Binod Kumar, Advocate For the State : None ----------- 03/ 08.05.2009 Heard counsel for the petitioner. Nobody appeared on behalf of the State. Petitioner has approached this Court seeking anticipatory bail in a case instituted under Sections304B/34 of the Penal Code. The case was lodged in 2002. Name of the petitioner finds mentioned in the FIR. As per the allegation in the FIR the victim was done to death in the matrimonial home. Her neck was found twisted. There is allegation that the incident was preceded by demand of dowry and torture. Counsel for the petitioner states that the husband of the victim faced Sessions Trial No.348 of 2004 and has been acquitted for want of evidence. Counsel for the petitioner tried to place certain evidence which were led in the aforesaid Sessions Trial in order to convince this court that there is absolutely no legal material against the petitioner. It is further contended that she is an old lady. This court finds from the impugned order that about six years she remained absconding and did not surrender to the custody of the court. Having considered the submissions and after going through - 2 - the materials on record, this Court is satisfied that the conduct of the petitioner disentitles her to seek the privilege of anticipatory bail. Accordingly, the application seeking anticipatory bail is rejected. If she surrenders in the court below and applies for regular bail the same shall be considered on its own merit uninfluenced by the present order. DKS/ (Kishore K. Mandal, J.)