IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5749 of 2011 SABERA KHATOON, wife of Mujibur Rahman Versus THE STATE OF BIHAR & ANR. ----------- 2. 22.04.2011 Heard the learned Counsel for the petitioner and the learned counsel for the State. The petitioner is apprehending her arrest in a case in which on protest cum complaint cognizance has been taken under Sections 302, 201 and 120B of the Indian Penal Code. The accusation against the petitioner being the second wife of the complaint is that she disappeared with the small child of the informant from his first wife who was subsequently found dead. In investigation the accusation was found to be false and final form was submitted. Subsequently the protest petition was also dismissed. But the said order was challenged before this Court in quashing application and in pursuance to the directions of this Court subsequently cognizance has been taken in the matter. It is submitted by the learned Counsel for the petitioner that though the Sessions Judge rejected her application in 2008 itself but as she was neglected by the informant hence she was not able to filer any anticipatory bail application. However similarly situated accused persons have been granted anticipatory bail in Cr. Misc. No. 32296 of 2008. I see no reason for the learned Court below for not allowing the petitioner to remain on regular bail. Let the learned Court below pass appropriate orders with regard to the regular bail to the petitioner provided she surrenders within a period of four weeks in connection with Complaint Case No. 1465 of 2003 pending before the Court of CJM Katihar. With the aforesaid observations this application is disposed. This Court is not inclined to interfere only on the ground that the petitioner has moved the Sessions Judge in 2008. Though, on merit this Court is satisfied that this is a fit case for grant of regular bail. Let this order be communicated to the Court below by fax on the cost to be deposited by the petitioner. Snkumar/ (Dinesh Kumar Singh,J.)