Patna High CourtCR. MISC./21595/2017rejected

Rekha Devi v. The State Of Bihar

2017-05-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21595 of 2017 Arising Out of PS.Case No. -15 Year- 2014 Thana -MASAURHI District- PATNA ====================================================== Rekha Devi, W/o Bhushan Sao, D/o Rama Sao, Resident of VillageChhotaki Masaurhi, P.S.- Masaurhi, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shailendra Kumar Bhartee, Advocate.

For the Opposite Party : Ms. Anusuiya Jaiswal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-05-2017 Heard both sides.

The petitioner apprehends her arrest in Masaurhi P.S. Case No. 15 of 2014 registered for the offences punishable under Section 304B and other Sections of the Indian Penal Code. Learned counsel for the petitioner submits that prayer for anticipatory bail of the petitioner was earlier rejected vide order passed in Cr. Misc. No. 33672 of 2015 on 09.11.2015 but the husband of the deceased was arrested and he was put on trial vide Sessions Trial No. 419 of 2015. During course of trial the informant and other witnesses did not support the prosecution case and consequently the husband was acquitted vide judgment dated 30.08.2016 passed in Sessions Trial No. 419 of 2015. The petitioner is sister-in-law of the deceased. It appears that there is

Patna High Court Cr.Misc. No.21595 of 2017 (3) dt.17-05-2017 2/2 very specific allegation against the petitioner that it was the petitioner who ignited fire on the body of the deceased. The deceased was killed within six months of her marriage. On consideration of the aforesaid facts, prayer for anticipatory bail of the petitioner was rejected vide order dated 09.11.2015 passed in Cr. Misc. No. 33672 of 2015 but, the petitioner did not appear in court and again filed this anticipatory bail petition on 01.05.2017 i.e. after more than 11⁄2 years. This fact, itself, shows that the petitioner has got scant regard for the order and she is avoiding her appearance till the acquittal of her brother. Considering the facts aforesaid, I do not find any fresh ground to reconsider the prayer for anticipatory bail of the petitioner. Accordingly, the anticipatory bail petition is again rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T