IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12507 of 2011 1. MUNNI DEVI Wife of Rajendra Sah 2. Rajendra Sah @ Rajendra Prasad Gupta son of Munni Lal Sah 3. Asha Devi wife of Santosh Gupta All residents of village Mushari, P.S.-Vijaypur, District- Gopalganj Versus THE STATE OF BIHAR ----------- 2. 20.04.2011 Heard learned counsel for the petitioners and the State. The petitioners who are stated to be the mother- in-law, father-in-law and the sister-in-law of the deceased renew their prayer for anticipatory bail in a Police case under Sections 304B, 201 and 34 of the Penal Code. It is submitted that subsequent to the earlier rejection of the prayer for bail, the husband of the deceased and his brother who is also the husband of the petitioner no. 3 have been acquitted in Sessions Trial No. 316 of 2009. Petitioner nos. 1 and 2 are aged persons. The Court has perused the judgment of the Sessions Judge and the deposition of the nine prosecution witnesses. The Court refrains from any observations lest it has its implication on any application of regular bail on behalf of petitioner nos. 1 and 2. Suffice it to say that on reading the judgment of the Sessions Court, the Court is not persuaded that present is a fit case for the privilege of anticipatory bail on the ground of acquittal of the husband. 2 Any application for regular bail on behalf of petitioner nos. 1 and 2 shall be considered on its own merits without being prejudiced by the present order when the submission of their advanced age are matters which can be better appreciated by the trial Court which shall have the benefit of their physical appearance for its best judgment assessment. Keeping in mind that petitioner no. 3 stands in the position of a daughter-in-law herself like the deceased with no direct allegations against her either in the F.I.R. or the judgment putting her in a class by herself, let petitioner no. 3, above named surrender in the Court below within a period of four weeks from today when she shall be enlarged on anticipatory bail on furnishing bail bonds of Rs. 20,000/-(twenty thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in connection with Vijaipur P.S. Case No. 11 of 2009 corresponding to G.R. No. 148 of 2009, subject to the conditions laid down under Section 438(2) of the Cr. P.C. P. Kumar ( Navin Sinha, J.)