Bibi Momeda Khatoon v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35891 of 2016 Arising Out of PS.Case No. -498 Year- 2007 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Bibi Momeda Khatoon Wife of Sri Abdul Hakim resident of Village - Bansar, P.S. - Srinagar, District - Purnea.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Fulwash Khatoon Wife of Sri Abdul Hakim resident of Village - Bansar, P.S. - Srinagar, District - Purnea.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-08-2016 Heard learned counsel for the parties.

The petitioner being the second wife of the husband of the complainant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under sections 498A of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by the learned counsel for the petitioner that the thrust of accusation is against the husband of the complainant. Though the petitioner was granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 15.9.2008 passed in Cr.Misc.No. 16779/2008 but since the petitioner was not

Patna High Court Cr.Misc. No.35891 of 2016 (2) dt.22-08-2016 aware about his surrender, she could not surrender before the learned court below.

In view of the fact that the petitioner was allowed anticipatory bail earlier, this anticipatory bail application is not maintainable.

However, the casual manner in which the Stamp Reporter has acted while doing the stamp reporting is deprecated. The attention of this Court should have been drawn by the Stamp Reporter to the fact that earlier anticipatory bail petition was rejected by this Court vide order dated 15.9.2008. Since the petitioner was granted anticipatory bail earlier by the order dated 15.9.2008, it is a case for consideration of the prayer for regular bail.

Let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Complaint Case No. 498/2007 pending in the court of Sri R.K.Sinha, Judicial Magistrate, 1st Class, Purnea. With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) Surendra/- U