IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42419 of 2010 BIBI SABERA KHATOON, wife of Abdul Rajjaque, Resident of Village- Mangalpr Idgah Tola, P.S. Routa, District- Purnea. ………….Petitioner. Versus THE STATE OF BIHAR ……Opposite Party. ----------- 2 08.12.2010 Heard learned counsel for the petitioner and learned counsel for the State. 2. This petition has been filed by the petitioner for Anticipatory bail as he is an accused for offences punishable under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act in Complaint Case No. 1864 of 2006. 3. Learned counsel for the petitioner submits that the entire allegations are false and frivolous and petitioner is a lady being the mother-in-law of the complainant and the entire family members, including complainant’s husband and father-in- law, have been implicated. He further submits that earlier Cr. Misc. No. 32898 of 2007 was filed by the aforesaid accused persons, including the petitioner for anticipatory bail, which was rejected on 08.10.2007 (Annexure -4) by this Court, whereafter the husband of the complainant and her father-in-law surrendered and were enlarged on bail, which is apparent from annexure 5. 4. Since the prayer for Anticipatory bail has already been rejected by this Court on 8.10.2007 (Annexure-1), the petitioner should have surrendered in the court below and should have applied for regular bail. 5. Accordingly this petition is dismissed with a liberty - 2 - to the petitioner to move before the Sub-Divisional Judicial Magistrate, Purnea along with an application for regular bail. If such an application is filed along with a copy of this order within one month from today, Sub-Divisional Judicial Magistrate, Purnea shall dispose it of on the same day in accordance with law considering that the petitioner is an old lady and the main accused persons, including the husband of the complainant and his father have already been enlarged on bail. 6. If the cost of FAX is deposited by tomorrow, i.e. 09.12.2010 by the petitioner, let this order be sent to the court of Sub-Divisional Judicial Officer, Purnea in connection with Complaint Case No. 1864 of 2006 through FAX. Bhardwaj (S. N. Hussain, J.)