IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11950 of 2008 SHRI DEVI & ANR Versus STATE OF BIHAR ----------- 2/ 1/5/2008. From the impugned order it appears that in an allegation of the nature of Section- 304B of I.P.C. the application came to be disposed without the case diary by the court below on the insistence of the counsel for the petitioner. This Court considers the same as sufficient justification not to interfere at this stage. This application is therefore rejected for that reason alone. If the petitioner files an application before the court below within three weeks from today, the court below shall proceed to reconsider the prayer for anticipatory bail after calling for the case diary and examining the same, without being prejudiced by the present order. It is made clear that this Court has not gone into the merits of the matter which shall remain open for consideration by the court below in its entirety. KC ( Navin Sinha,J )