IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50947 of 2008 1. MATUN KHATOON wife of Muslim Sah 2. Fatima Khatoon wife of Channu Sah Both resident of village Rani Sakarpura Dargah tola, P.S. Khagaria (Gangour), District- Khagaria -------- Petitioners. Versus STATE OF BIHAR -------- Opposite Party. ----------- 2 27.1.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. Petitioners are accused in a case under Section 302/34 of the Indian Penal Code. The allegations against the petitioners are that at the time when the murder was being committed, they threatened the informant not to make noise else she would be killed. Learned counsel for the petitioners submits that these petitioners are agnates of the deceased and they have nothing to gain by the death of the deceased. Learned counsel submits that petitioner no. 2 is nearly 80 years old. In the circumstances, the Court below should ascertain whether petitioner no. 2 Fatima Khatoon is about 80 years old, then the Court below may release petitioner no. 2 Fatima 2 Khatoon on anticipatory bail in the event of her arrest or surrender in connection with Gangaur P.S. Case No. 435 of 2008 vide G.R. No. 1377 of 2008 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria subject to the conditions laid down under Section 438(2) Cr.P.C. on her appearance before the Court within a period of four weeks from today. The anticipatory bail application of the petitioner no. 1 is rejected. The Court below should consider her application of regular bail without being prejudice by this order and dispose of the bail application within a period of one week. Sanjay (Sheema Ali Khan, J.)