IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28213 of 2009 CHANIYA DEVI,wife of Darogi Tanti,resident of village-Lakshamipur,P.S.- Birpur,District-Begusarai. Versus STATE OF BIHAR ----------- 02/ 15-09-2009 Heard learned counsel for the petitioner and the State. In the incident the only non-bailable offence is under Section 304 of the Penal Code, for which also certainly there is no specific allegation against the petitioner. There is general and omnibus allegation for assaulting the deceased and three of the male co-accused persons have been acquitted after trial also, may be a good ground for bail but other part of her conduct is that her prayer for anticipatory bail was earlier refused on 30-10-2007 by the learned Sessions Judge and for all time she remained away from the investigation as well from the trial. On this score only prayer for anticipatory bail is refused. However, petitioner is directed to surrender before the court below and pray for regular bail. If acquittal of co-accused is made a ground for bail, that can be favourably considered by the court concerned without being prejudiced by this order. AH/ ( Mandhata Singh, J. )