Rabri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1961 of 2021 Arising Out of PS. Case No.-262 Year-2012 Thana- MIRGANJ District- Gopalganj ====================================================== RABRI DEVI D/o Late Vishwanath Choudhary R/o Village - Bhatwalia, P.S. - Mirganj, District - Gopalganj, at present residing at village - kundwa, P.O. - Barhani Bazar, P.S. - Barharia, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-01-2021 Heard learned Counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner apprehends her arrest for the offences alleged under Sections 302/34 of the Indian Penal Code registered in connection with Mirganj P.S.Case No. 262 of 2012.

3. The petitioner had earlier approached this Court for grant of anticipatory bail, which had been granted by order dated 02.12.2014 in Cr. Misc. No. 29011 of 2014. However, the petitioner was unable to surrender within the stipulated time and as such, a modification petition for extension of time was filed which however, stood dismissed by order dated 26.06.2020 in Cr. Misc. No. 54058 of 2019 with liberty to file a fresh application on merits for grant of anticipatory bail, if occasion so arose in future. The petitioner claims clean antecedents.

4. Learned APP, on the other hand, appears and

Patna High Court CR. MISC. No.1961 of 2021(2) dt.25-01-2021 2/2 submits that the FIR in the case was instituted as far back as in the year 2012. The petitioner has not shown any apprehension of her arrest in all the years till date.

5. Having heard the parties, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner in absence of any material to show any apprehension of arrest. The petition accordingly stands dismissed.

6. If the petitioner surrenders and seeks regular bail before the court below, the same shall be considered and disposed of on the same day on its own merit in accordance with law and without being prejudiced by any observation in the present order.

7. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) HR/- U T