Patna High CourtCR. MISC./38467/2023bail rejected

Binda Devi @ Vindu Devi v. The State Of Bihar

2023-07-31Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38467 of 2023 Arising Out of PS. Case No.-643 Year-2019 Thana- ISLAMPUR District- Nalanda ====================================================== BINDA DEVI @ VINDU DEVI, aged about 50 years (Female) wife of Ramjee Ravidas, Resident of village-Bela, Police Station-Islampur, DistrictNalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31-07-2023

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for anticipatory bail apprehending her arrest in connection with Islampur P.S. Case no.643 of 2019 registered for the offence punishable under sections 304B, 201 and 34 of the Indian Penal Code.

3. As per the prosecution case, the daughter of the informant was tortured by the accused persons including the petitioner who happens to be her mother-in-law and for nonfulfilment of demand of dowry she was done to death.

4. The earlier prayer for anticipatory bail of the petitioner was rejected vide order dated 4.1.2022 (Annexure1) passed in Cr. Misc. no.12662 of 2021.

5. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.38467 of 2023(2) dt.31-07-2023 2/2 reason for moving this Court once again for anticipatory bail is that the husband of the deceased surrendered and is in custody since 23.3.2021.

6. The prayer for bail is opposed by learned A.P.P. for the State.

7. On perusal of the record, this Court finds that so far as the aforesaid ground of the husband of the deceased surrendering in the learned trial Court on 23.3.2021 is concerned, the same was available to the petitioner on 4.1.2022 on which date the earlier prayer for bail of the petitioner was rejected.

8. This Court finds no reasonable ground for the petitioner for not having surrendered in the learned trial Court nor any ground for having renewed her prayer for anticipatory bail.

9. The instant (second) application for anticipatory bail filed on behalf of the petitioner is rejected.

10. The petitioner is directed to surrender in the learned trial Court within a period of four weeks from today. (Partha Sarthy, J) Bibhash U