IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1510 of 2010 SUBEL CHOUHAN @ SUBE CHOUHAN & ORS Versus STATE OF BIHAR 2 17.3.2010 Heard the learned counsel for the parties. Petitioners apprehend their arrest in a complaint case instituted in the year,2003 in which cognizance has been taken under sections 304(B) and 201 of the I.P.C. It is submitted by the learned counsel for the petitioners that all the petitioners are not the family members of the husband of the deceased, rather they are distantly related to him and are residents of altogether different village of different district. Initially this Court was inclined to consider the prayer for anticipatory bail made on behalf of the petitioners, but it was rightly pointed out by the learned State counsel that the case was filed in the year,2003 and for almost seven years all the petitioners have been absconding and there is no valid explanation for the same. In reply learned counsel for the petitioners submits that at least the case of the female petitioners may be considered favourably. In that view of the matter, in the facts and circumstances of the case, let the petitioners no.3 and 5, Deovanti Devi and Gulabiya Devi respectively, in the event of their arrest/surrender before the court below within four weeks from today be released on bail on furnishing bail bond of 2 Rs.10,000/- each with two sureties of the like amount each to the satisfaction of C.J.M., Nawada, in Complaint Case No.741/03 subject to the condition laid down under section 438(2) of Cr.P.C. So far petitioner no.4 is concerned there is some allegation against her in the complaint itself. Therefore, prayer for anticipatory bail made on behalf of petitioners no.1,2 and 4 are hereby rejected. However, they are directed to surrender before the court below within four weeks from today and if they surrender and make prayer for regular bail the court below shall consider their prayer for bail on its own merit without being prejudiced by the order of this Court. AnilKr.Sinha (Birendra Prasad Verma,J.)