Sundari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15383 of 2021 Arising Out of PS. Case No.-101 Year-2020 Thana- NOORSARAI District- Nalanda ====================================================== SUNDARI DEVI W/o Ravindra Prasad @ Ravi Kumar R/o VillageKisunpur, P.S.- Noorsarai, District- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-05-2022 Heard the learned counsel for the parties.

The petitioner, who is the sister-in-law of the deceased, seeks bail in anticipation of her arrest in connection with Noorsarai P.S. Case No. 101 of 2020 instituted for the offences under Sections 302, 328 and 34 of the Indian Penal Code.

Only for the reason that the petitioner has been declared an absconder, I am not inclined to continue with the order of provisional bail, notwithstanding the fact that the husband of the deceased and the husband of the petitioner, both, are in custody.

The prayer for anticipatory bail is rejected. The interim order dated 06.01.2022 stands withdrawn. However, if the petitioner surrenders before the court

Patna High Court CR. MISC. No.15383 of 2021(7) dt.09-05-2022 2/2 below and seeks bail, it shall be considered on its own merits taking into account the fact that the husband of the deceased as well as of the petitioner are in custody and that during the period that the petitioner was on provisional bail, she did not make any attempt to tamper with the evidence or influence the witnesses and an order shall be passed without any delay without being prejudiced by the fact that the present petition on her behalf has not been entertained.

(Ashutosh Kumar, J) krishna/- U T