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Patna High CourtCR. MISC./16885/2016disposed

Shakuntala Devi And ORS v. The State Of Bihar

2016-04-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16885 of 2016 Arising Out of PS.Case No. -27 Year- 2007 Thana -PATEPUR District- VAISHALI(HAJIPUR) ======================================================

1. SHAKUNTALA DEVI,

2. Shanti Devi,

3. Sunita Devi,

4. Bibha Devi,

5. Nikki Devi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Sinha For the Opposite Party/s : Mr. Iftekhar Mahmood(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-04-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

On recovery of the dead body of the husband of the informant the FIR was lodged against the FIR named accused persons including the petitioners.

It is submitted by the learned counsel for the petitioners that on suspicion the accusation was levelled. On conclusion of investigation only co accused Shatrughna Rai and Rama Rai were chargesheeted while others were not sent up for trial but differing with the final form the learned CJM, Vaishali took cognizance

Patna High Court Cr.Misc. No.16885 of 2016 (2) dt.21-04-2016 2/2 against the petitioners also vide order dated 12.11.2013. It is further submitted that co accused Shatrudhan Rai has already been convicted.

Considering the fact that FIR was registered in 2007, final form was also submitted in 2007 and differing with the final form cognizance was taken but the anticipatory bail application has been filed in 2016, this court is not inclined to interfere in the matter. However, let the learned court below consider the prayer for regular bail of the petitioners keeping in view the fact that on conclusion of investigation final form was submitted, in case the petitioners surrender within six weeks from today in connection with Patepur P.S. Case No. 27 of 2007 pending in the court of learned C.J.M. Vaishali at Hajipur.

This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T