Patna High CourtCR. MISC./22751/2016rejected

Sunita Devi v. The State Of Bihar

2016-08-16Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22751 of 2016 Arising Out of PS.Case No. -264 Year- 2015 Thana -MANIGACHI District- DARBHANGA ====================================================== Sunita Devi Wife of Randhir Sahni@Nagina Resident of Vilage Nehra, P.S Manigachhi Nehra, O.P, District Darbhaga.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Hriday Narayan Harshit For the Opposite Party : Mr. L.K. Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-08-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Manigachhi (Nehra) O.P. Police Station Case No. 264 of 2015, disclosing offences under Sections 341, 323, 326, 302 and 120B of the Indian Penal Code.

The petitioner is Aunt of the deceased. Allegedly, the accused persons killed the deceased because of some family dispute by sprinkling kerosene oil on her body and setting the body on fire.

Learned Counsel appearing on behalf of the petitioner has submitted that the petitioner being a lady, there is no chance that she would flee in course of investigation or trial nor

Patna High Court Cr.Misc. No.22751 of 2016 (4) dt.16-08-2016 2/2 there is any probability that she would influence the witnesses or tamper with the evidence.

However, considering the nature of allegation and seriousness of offence, I am not inclined to grant the petitioner anticipatory bail, as her custodial interrogation may be needed. This application is, accordingly, rejected.

However, it is observed that if petitioner appears before the learned court below within four weeks from today and seeks regular bail, her application for regular bail shall be considered on its own merit without being prejudiced by this order.

(Chakradhari Sharan Singh, J) Amit/- U T