IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9328 of 2011 Sunita Devi, W/o – Pancha Nand Mandal, resident of village – Majlishpur, P.S. – Palasi, District – Araria. --------- Petitioner. Versus The State of Bihar ----- Opposite Party ******* For the petitioner : Mr. Anil Prasad Singh, Adv. For the State : Mr. Pranav Kumar, APP ******* 03. 11.07.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State who is armed with carbon copy of the case diary. This application has been filed on behalf of the abovenamed sole petitioner in connection with Araria (Madanpur) P.S. Case No. 108/08 corresponding to G.R. No. 493/2008 for the offence under sections 364/34 of the Indian Penal Code pending in the court of Chief Judicial Magistrate, Araria. In this three years old case instituted against unknown petitioner’s name emerged since very initial stage of investigation. Of course, on suspicion on the ground of being second wife of husband of the deceased. The husband of the petitioner i.e. husband of the deceased, against whom also suspicion was raised, was apprehended and has been enlarged on regular 2 bail a year before, but, still due to petitioner’s abstaination investigation is pending against her. Though, charge sheet against the apprehended husband has already been submitted. Considering the facts and circumstances of the case, the petitioner is not entitled for the privilege sought. Accordingly, anticipatory bail of the petitioner is hereby rejected, if so wishes, she may surrender before the court below and seek regular bail where his prayer may be considered on its own merit without being prejudice of instant refusal. Rajeev/ ( Akhilesh Chandra, J.)