Patna High CourtCR. MISC./5741/2017dismissed

Guriya Khatoon And ANR v. The State Of Bihar

2017-02-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5741 of 2017 ======================================================

1. Guriya Khatoon Wife Md. Mainuddin,

2. Sahna Khatoon @ Chhotki daughter of Md. Mainuddin, Resident of Village-Raghunath, P.S.-Majhaulia, District-West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-02-2017 Heard both sides.

This petition is filed for restoring Cr. Misc. No. 52975 of 2016, which was dismissed for non prosecution vide order dated 18.01.2017.

The learned counsel for the petitioners submits that on account of illness he could not appear on 18.01.2017 but from the facts it appears that first anticipatory bail petition of petitioners was dismissed for non prosecution on 02.07.2015. The petitioners again filed anticipatory bail petition and the same was dismissed as withdrawn on 10.11.2015. Third anticipatory bail petition of petitioners was dismissed as withdrawn on 27.07.2016. On 18.01.2017 it was the fourth occasion on which the anticipatory bail petition of petitioners was dismissed for non prosecution.

Patna High Court Cr.Misc. No.5741 of 2017 (2) dt.22-02-2017 2/2 Considering the facts aforesaid, I do not feel inclined to restore Cr. Misc. No. 52975 of 2016 on the sole ground that earlier three times the anticipatory bail petition of petitioners was either dismissed for non prosecution or dismissed as withdrawn. Accordingly, the restoration petition is dismissed. If so advised the petitioners may surrender in the court below, i.e. the learned Chief Judicial Magistrate, West Champaran at Bettiah in Majhaulia P.S. case No. 348 of 2013, and the learned court below shall consider the prayer for regular bail of the petitioners taking into account that husband and father-in-law of the deceased have already been granted regular bail. (Prabhat Kumar Jha, J) BKS/- U T