IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33225 of 2010 SARSWATI DEVI & ANR Versus THE STATE OF BIHAR ----------- 02/ 3.11.2010 Heard learned counsel for the petitioners as well as learned P.P. for the State. Petitioners are apprehending their arrest in connection with Siwan (Muffasil) P.S. Case no. 17/2002 registered under sections 498A,304B,201/34 IPC and 3/ 4 of the D.P.Act. Admittedly, earlier petitioners preferred Cr. Misc. no. 30722/2003 but the aforesaid criminal miscellaneous case was dismissed as withdrawn. Though the petitioners did not surrender before the court below even after withdrawing the aforesaid criminal miscellaneous case but learned counsel for the petitioners seeks anticipatory bail of the petitioners on the ground that the husband, father-in-law and Dewar of the deceased faced trial in Sessions trial no. 202/2004 and all the aforesaid persons were acquitted as neither the informant nor any person supported the prosecution story. Though the petitioners committed negligence and violated order of this court by not surrendering before the court below within the reasonable period, but considering this aspect of the matter that petitioner no.1 is mother-in-law and petitioner no.2 is married Nanad of the deceased, I think it proper to extend the privilege of anticipatory bail to them. Accordingly, this anticipatory bail is allowed and it is ordered that the petitioners( Sarswati Devi and Anita Devi) in the 2 event of arrest/ surrender within 30 days from the date of communication of the order be released on bail in connection with Siwan (Muffasil) P.S. Case no. 17 of 2002 on furnishing bail bond of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan subject to condition as laid down under section 438(2) of the Cr. P.C. shahid (Hemant Kumar Srivastava,J))