IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10182 of 2009 Meena Devi wife of Bahadur Kunwar, Resident of Village Kawaila, Police Station Parbatta District Khagaria Versus STATE OF BIHAR ----------- 02/ 17.08.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending her arrest in connection with a case registered for the offence under Sections 302, 201/34 of the Indian Penal Code. She is named in the First Information Report along with others, including Kaushal Kunwar, who was admitted to the privilege of bail by another Bench of this Court under orders dated 17.9.2004, Annexure-3 to this application. Prayer of the petitioner for grant of bail in the event of arrest, however, was rejected by another Bench of this Court under orders dated 14.2.2005, Annexure-1 to this application. It is submitted on behalf of the petitioner that other accused persons named in the First Information Report have since been tried and acquitted by the trial court under judgment dated 23.11.2005, Annexure-4 to this application on the ground that no evidence is available to convict the accused persons. It is further submitted that appreciating the contents of the judgment dated 23.11.2005, Annexure-4 to this application, petitioner should be admitted to the privilege of bail in the event of arrest. I regret not to accept aforesaid submission, as petitioner’s prayer for bail in the event of arrest was refused by another Bench of this Court under orders dated 14.2.2005, Annexure-1 when the matter - 2 - was still under investigation so far petitioner is concerned, as charge sheet was submitted against her in the year 2006. In 2006 petitioner should have surrendered and prayed for bail, but as the petitioner remained absconding, I am not inclined to admit her to the privilege of bail in the event of arrest. Accordingly, it is directed that petitioner should surrender in the court of Chief Judicial Magistrate, Khagaria in connection with Parbatta P.S. Case No. 41 of 2004 within four weeks from the date of receipt of this order in the court below and apply for regular bail, which should be considered in accordance with law in the light of the orders of this Court dated 17.9.2004, Annexure-3 as also judgment dated 23.11.2005, Annexure-4. Arjun/ (V.N. Sinha, J.)