IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6508 of 2010 1. Mahendra Rai @ Kedar Rai, Son of Late Faujdar Rai. 2. Smt. Gabshiya Devi, Wife of Mahendra Rai @ Kedar Rai. Both residents of Village Hiranandpur, P.S. Didarganj, District Patna. --------- Petitioners Versus State of Bihar ----- Opp. Party ----------- 2 4.3.2010 Heard learned counsel for the petitioners and counsel for the State. The petitioners, father-in-law and mother-in-law facing prosecution for an offence under section 304(B), 201/34 of the Indian Penal Code would seek their anticipatory bail on the ground that there is no specific overt act alleged against them and that the husband, their son has already been granted regular bail by this Court by order dated 5.5.2008. Mr. Ashok Priyadarshi, learned counsel for the petitioners, however, on being asked as to why it had taken five years for the petitioners to move this Court for grant of anticipatory bail has come out with an answer which is not at all convincing to this court. He says that both the petitioners are 70 years old persons and in fact they had no apprehension of being arrested because it was 2 their son who was in custody against whom the entire materials were found in course of investigation. If that be so, there was no reason for the petitioners even now to seek anticipatory bail, inasmuch as, apprehension of arrest is a sine qua non for grant of anticipatory bail. The next submission of the learned counsel for the petitioners that the petitioner no.2, mother-in-law is looking after two children of the victim lady and therefore, she should be given a sympathetic consideration could at least make some sense if the son of the petitioners was not granted bail by this Court. It is however found that the son of the petitioners has been granted bail on 5.5.2008 and therefore, this Court is not inclined to grant bail to the petitioner no.2 even on that ground. In fact, this Court is not inclined to grant anticipatory bail to both the petitioners only because they have successfully remained evading arrest/absconding for a period of five years. The privilege of anticipatory bail cannot be 3 given to such persons. Accordingly, the prayer for bail of the petitioners, namely, Mahendra Rai @ Kidar Rai and Smt. Gabshiya Devi is hereby rejected. Accordingly, this application is dismissed with an observation that if the petitioners would surrender and seek regular bail, the same would be disposed of on its own merits without being prejudiced by this order and also after taking into account the fact that the main accused, the husband, has already been granted regular bail by this Court. Rsh (Mihir Kumar Jha, J.)