IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52613 of 2008 AMALA DEVI @ MOST.AMALA DEVI wife of Late Ram Kripal Kamti, resident of Mohalla-Naya Tola Daheria Mail Basa,P.S. Katihar, Naka No.4, District-Katihar------------ Petitioner Versus THE STATE OF BIHAR ----------- Opp.Party ----------- 2 01-04-2009 Heard the learned counsel for the petitioner.in her second attempt to secure the benefit of Section 438 Cr.P.C. in connection with Complaint Case no.306 of 2006 registered under Section 379, 498A and 494 I.P.C. , wherein the petitioner has been arrayed as an accused. Also heard the learned A.P.P. for the State. The second attempt by the petitioner for anticipatory bail is based on the deposition of Tunni Devi, the complainant, in the court below which has been appended as Annexure-3 to the application. She has stated in court that she has already compromised the matter putting an end to all the disputes and differences and she is now ready to live with her in-laws. It would appear from the order dated 15.5.2008 passed in Cr.Misc.No.18034 of 2008 that in view of the omnibus and general nature of allegation, the husband of the complainant on his surrender in the court below had been enlarged on bail by this Court and in the light of the said order, the petitioner was also directed to surrender in the court below and the court below was directed to take into consideration the fact that the husband of the complainant had been enlarged on bail and pass order in accordance with law. Unfortunately that order does not appear to be palatable to the petitioner. - 2 - In view of changed subsequent development taking place the petitioner will now surrender in the court below and the court below in view of the complainant compounding her differences and disputes on an amicable note choosing to live with her in laws as also in view of the husband of the complainant also having enlarged on bail will dispose of the application by the petitioner as expeditiously as possible preferably on the very date filing of the application. With the aforesaid directions to the court below this application is disposed of. This order may be communicated through fax to the court below at the cost of the petitioner. NKS/- (Abhijit Sinha, J.)