IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18469 of 2008 PUSHPA DEVI Versus STATE OF BIHAR ----------- 3 13.8.2008 Heard learned counsel for the petitioner and learned counsel for the State. This petition has been filed by the petitioner for anticipatory bail in a case in which the petitioner is one of the accused for offences punishable under sections 304B and 120B of the Indian Penal Code. Petitioner is ‘Gotni’ of the deceased and earlier petition for similar relief bearing Cr. Misc. no.27603 of 2005 has been rejected by this court on 25.8.2005. Learned counsel for the petitioner submits that in normal course, he would not have filed a petition again for anticipatory bail rather he would have advised the petitioner to surrender before the learned court below and to seek regular bail but in the instant case, petition for anticipatory bail has been filed as the petitioner is seriously ill and has now been diagnosed suspected case of cancer to be treated at Delhi Considering the facts and circumstances of the case as well as the submission of learned counsel for the 2 petitioner, this petition is dismissed with a direction to the learned court below (The Chief Judicial Magistrate, Saran at Chapra in Mashrak P. S. Case no. 41 of 2005) that if the petitioner surrenders before it within one month from today along with a petition for bail the learned Magistrate would consider the matter and peruse the medical certificates etc of the petitioner and dispose of the said bail petition on the same day and if the petitioner is found to be really suffering from cancer, lenient view must be taken. shahid (S.N.Hussain, J)