Kamlawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21743 of 2016 Arising Out of PS.Case No. -157 Year- 2013 Thana -KATEYA District- GOPALGANJ ====================================================== Kamlawati Devi Wife of Subhsh Mishra Resident of village- Ramdas Bagahi, PS Kateya, District Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. Abhay Kumar No. 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-05-2016 Heard Mr. Verma for the petitioner and the APP for the State.

The petitioner is an accused of Kateya P.S. Case No. 157 of 2013 registered under section 304-B IPC along with other family members in relation to an occurrence which was committed on 31.08.2013. The victim was done to death in the matrimonial home on account of non fulfillment of the demand of dowry. It appears that the petitioner moved the anticipatory bail petition vide ABP No. 329 of 2014 which was rejected on 30.08.2014. Instead of submitting to the jurisdiction of the court, she waited until the son, being the husband of the deceased, was tried and acquitted by the court. Again in 2016, she filed an application for anticipatory bail which was considered and

Patna High Court Cr.Misc. No.21743 of 2016 (2) dt.20-05-2016 2/2 rejected by the impugned order.

Indisputably, the petitioner remained absconder in the eye of law for a pretty long time. I am not satisfied that a case for grant of privilege of anticipatory bail is made out. The petitioner must surrender and seek regular bail which shall be considered and disposed of on its own merit in accordance with law unprejudiced by the present order.

The application stands disposed of with the aforesaid observation.

(Kishore Kumar Mandal, J) HR/- U T