IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.398 of 2009 REKHA DEVI,wife of Madan Bhagat,resident of village-Shrichandpur Kothiya,P.S.-Tajpur (Bangra),District-Samastipur. Versus STATE OF BIHAR ----------- 07/ 29-03-2010 Heard Mr. Rana Sanjay Kumar Singh, learned counsel appearing for the petitioner and Mr. Atul Chandra, learned Additional Public Prosecutor for the State. Petitioner apprehends her arrest in connection with Tajpur (Bangra) P.S.Case no.228 of 2008 dated 22-07-2008, registered under Section 304B of the Indian Penal Code. According to the prosecution case petitioner is the co-wife of the deceased and she along with her husband is said to be responsible for commission of the crime in question. Learned counsel for the petitioner submits that in fact the deceased Babita Devi was a second wife of co-accused Madan Bhagat and, therefore, the deceased cannot to said to be a legally wedded wife and she was merely a concubine. He further submits that in the aforesaid background offence under Section 304B of the Penal Code is not applicable. Learned counsel for the State submits that petitioner is co- wife of the deceased and co-accused Madan Bhagat solemnized the marriage with the deceased without consent of the petitioner and, therefore, she had very strong motive for committing the crime in question. Be that as it may, in view of the nature of the allegation this Court is not pursuaded to accede to the prayer made on behalf of 2 the petitioner for grant of anticipatory bail. Accordingly, this application is dismissed. Petitioner must surrender in the court below within a period of four weeks from today and, if so advised, seek regular bail. If such a petition is filed, the same may be disposed of on its own merit without being prejudiced by this order. While considering the prayer for regular bail made on behalf of the petitioner learned court below would be obliged to look to the other materials collected during the course of investigation and may also consider the fact that the husband has been granted regular bail. AH/ ( Birendra Prasad Verma, J.)