Patna High CourtCR. MISC./6537/2016rejected

Sabita Kuwar And ANR. v. The State Of Bihar

2016-03-11Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6537 of 2016 Arising Out of PS.Case No. -39 Year- 2015 Thana -BARUN District- AURANGABAD ======================================================

1. Sabita Kuwar W/o Late Raghuwansh Yadav,

2. Anita Devi, w/o Dhirendra Yadav, Both are resident of village - Hasanpur, English, P.S. - Barun, District - Aurangabad. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar Singh, Adv. For the Opposite Party/s : Mr. H.A.Khan(App) For the informant : Mr. Ashok Kumar Singh No.3, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-03-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Addl. Public Prosecutor, appearing on behalf of the State as also the learned counsel for the informant. This application for grant of anticipatory bail arises out of Barun P.S. Case No. 39/2015, disclosing offences under sections 304(B)/34 of the Indian penal Code.

Petitioner no.1 is the mother-in-law and petitioner no.2 is the wife of the brother of the husband of the deceased. It is submitted on behalf of the petitioners that the husband of the deceased is in custody and the petitioners being ladies cannot tamper with the evidence or flee from the course of justice.

Learned counsel, appearing on behalf of the informant,

Patna High Court Cr.Misc. No.6537 of 2016 (3) dt.11-03-2016 while vehemently opposing the prayer for anticipatory bail has submitted that the processes under sections 82 and 83 of the Cr.P.C. have already been issued and therefore, the petitioners should not be given the privilege of anticipatory bail. Considering the facts and circumstances and the nature of accusation, this application is disposed of with a direction to the petitioners to appear before the court below within four weeks from today. If they do so, their application for regular bail shall be considered on its own merits, preferably on the same day, when they apply for regular bail. This Court expects that the court below shall consider the fact that the petitioners are ladies. (Chakradhari Sharan Singh, J) Surendra/- U