IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32147 of 2010 SHARMILA DEVI wife of Prakash Mahton, resident of Village Hemjapur, P.S. Dharhara, Dist. Munger…..ppetitioner. Versus THE STATE OF BIHAR opposite party. ----------- 2 01.09.2010 Heard the parties. This is a second attempt for grant of anticipatory bail in a criminal prosecution registered under section 304 B/34 of the Indian Penal Code. Prayer for anticipatory bail made on behalf of the petitioner was earlier dismissed as withdrawn by an order dated 23.3.2010 passed in Cr. Misc. No. 7761 of 2010 with a direction to the petitioner to surrender in the court below within a period of four weeks and seek regular bail , if so advised. The present petition has been filed on behalf of the petitioner renewing her prayer for anticipatory bail on the ground that some other co-accused persons namely Sushmita Nischal @ Sikku Kumar @ Sinku Kumar and Abhishek Kumar @ Dipak Kumar @ Dipak have been graned anticipatory bail vide orders contained in Annexure-3 and 3/1 respectively. The petitioner happens to be the elder Gotani of the deceased. According to the prosecution case the petitioner and the husband of the deceased were having illicit relationship. There was demand of dowry and torture by the petitioner and other persons and due to non fulfillment of the demand of dowry deceased Bindu Kumar was done to death. In view of nature of allegation and in view of the fact the earlier direction issued by this Court vide order dated 3.3.2010 passed 2 in Cr. Misc. No. 7761 of 2010 has not been carried out by the petitioner, therefore, this court is not persuaded to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail and it is accordingly rejected. In the facts and circumstances of the case, the petitioner is directed to surrender in the court below within a period of four weeks from today and seek regular bail, if so advised. If such a petition for regular bail is filed in the court below, it is expected that the learned Magistrate shall take into consideration the entire facts and circumstances of the case particularly the facts that some other accused persons have been granted either anticipatory bail or regular bail. The learned Magistrate may also take into consideration the fact that petitioner is stated to be an old lady aged about 50 years and thereafter prayer for bail shall be considered and disposed of in accordance with law. . Let this order be communicated through fax at the cost of the petitioner. M.Rahman ( Birendra Prasad Verma, J )