IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36159 of 2009 MANJU DEVI W/O RUPCHAND VILL- JANAKPUR DHAM, P.S AND DISTT- ARWAL … Petitioner. Versus 1. THE STATE OF BIHAR ----------- 2. 06.11.2009. Heard Mr. Shakil Ahmad Khan, leaned senior counsel for the petitioner and learned counsel for the State. True it is that there is an omnibus allegation in offence under Section 302/34 I.P.C. against the petitioner of assaulting the deceased to death by pelting stones and fists, slaps and blows but then what would really disentitle the petitioner to be enlarged on bail for the present is that the FIR was lodged naming the petitioner as an accused in the year 2004, her prayer for anticipatory bail was rejected by Sessions Judge in the year 2004 and by this court in the year 2005 and yet she has surrendered only on 5.9.2009 which would go to show that the petitioner has purposely and deliberately remained absconding for a period of five years. The submission of Mr. Khan that since the charge-sheet was submitted in the year 2009 that alone gave the petitioner a cause of action to surrender is only to be noted for its being rejected. The moment the petitioner 2 was named as accused and she had apprehension of being arrested, for which she filed anticipatory bail applications, she ought to have surrendered upon rejection of her such prayer for anticipatory bail. That being so, this court is not inclined to grant bail to the petitioner for the present. However, she may renew her prayer for bail after completing her judicial custody for a period of one year i.e. on or after 5.9.2010. With the aforementioned observations, this application is dismissed. KANCHAN (Mihir Kumar Jha, J.)