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Patna High CourtCR. MISC./18147/2015rejected

Sumitra Devi v. The State Of Bihar

2015-07-09Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18147 of 2015 Arising Out of PS.Case No. -173 Year- 2014 Thana -KHAGAUL District- PATNA ====================================================== Sumitra Devi W/o Late Shiv Pujan Sao, Resident of village - Dalluchak, P.S. Khagaul, Distt. - Patna ..... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Gautam Shah For the Opposite Party/s : Mr. Aditya Narayan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Khagaul P.S. Case No. 173 of 2014 registered for offences under sections 341, 323, 307, 498(A) of the Indian Penal Code and Section 3/ 4 of the Dowry Prohibition Act. Allegation has been made that the victim was married to Mansu @ Gappu and in the marriage, informant side gave the ornament of Rs. 3,00,000/- as well as other articles to the husband as gift but accused persons were not satisfied with the same and they have tortured the victim. On many times, effort was made for settlement but accused persons were not satisfied. On 14.8.2014, the informant gave a call to her sister but she did not respond the

Patna High Court Cr.Misc. No.18147 of 2015 (3) dt.09-07-2015 2/2 same whereupon the informant went there and saw the body of her sister(victim) which was lying in unconscious position and family members were not available.

Counsel for the petitioner submits that the petitioner is aged 71 years and has no any connection with the aforesaid offence.

Counsel for the petitioner submits that there is delay of 10 days. The first information report speaks itself explaining the delay.

Counsel for the informant submits that accused persons assaulted the victim in such manner, caused serious injury which resulted the victim is in unconscious position till today and she will remain the same always as appears from the report of Hospito India.

This Court is not inclined to grant bail to the petitioner, accordingly, this petition is rejected. If the petitioner surrenders before the court below within 15 days, the court below will hear the case on the same date and pass the order in accordance with law.

(Shivaji Pandey, J) Mahesh/- U T