Anita Devi And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.4466 of 2015 (4) dt.23-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4466 of 2015 Arising Out of PS.Case No. -258 Year- 2012 Thana -MANIGACHI District- DARBHANGA ======================================================

1. Anita Devi Wife of Raj Kumar Mishra

2. Pritam Devi Wife of Amit Kumar Mishra Both are residents of Village - Mahtour, Police Station - Manigachhi, District - Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Bharat Lal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-09-2015 Show cause is filed on behalf of Shiv Kumar who has sworn affidavit.

It is submitted on behalf of the aforesaid Shiv Kumar that he was not under proper mental condition at the time of swearing affidavit and, as a matter of fact, when question regarding filing of previous bail petition was asked, he could not understand the aforesaid question in proper manner that was the reason, he gave different reply. Moreover, aforesaid fact was not suppressed or concealed intentionally and deliberately and furthermore, he seeks unconditional apology.

It is also submitted that for compliance of order of this court, both accused, who happen to be ladies, have already surrendered before the court below on 26.8.2015 and since then they are languishing in jail custody. Considering the aforesaid submissions as well as facts and circumstances, show cause filed on behalf of the aforesaid Shiv Kumar is

Patna High Court Cr.Misc. No.4466 of 2015 (4) dt.23-09-2015 accepted and accordingly, matter is dropped.

(Hemant Kumar Srivastava, J) shahid U T