Patna High CourtCR. MISC./32373/2014rejected

Chano Devi @ Chanan Devi v. The State Of Bihar

2015-03-27Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32373 of 2014 Arising Out of PS.Case No. -571 Year- 2013 Thana -SUPAUL District- SUPAUL ======================================================

1. Chano Devi @ Chanan Devi W/o Sheonath Sah @ Sheo Narayan Sah , Resident of - Kampur , P.S. -Supaul , Dist. Supaul . .... .... Petitioner/s

Versus

1. The State of Bihar..

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

For the Petitioner/s : Mr. Dr. Shashi Shekhar Kishore For the Opposite Party/s : Mr. Binod Kumar No.3(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-03-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Supaul P.S.Case No. 571 of 2013 registered for the offences punishable under Sections 328, 302, 201/34 of the Indian Penal Code.

Petitioner happens to be mother-in-law of the deceased and there appears to be some sort of accusation of torturing against the petitioner therefore, I do no think it proper to grant privilege of anticipatory bail to the petitioner and accordingly, her prayer for anticipatory bail in connection with Supaul P.S.Case No. 571 of 2013, pending in the court of Chief Judicial Magistrate, Supaul stands rejected.

Patna High Court Cr.Misc. No.32373 of 2014 (3) dt.27-03-2015 2/2 However, it is made clear that if petitioner surrenders before the court of learned Chief Judicial Magistrate, Supaul/ concerned court and seeks regular bail within six weeks from today, learned Chief Judicial Magistrate, Supaul/ concerned court shall dispose of the regular bail of the petitioner on the date of her surrender and after that if, petitioner files regular bail application before the sessions court the leaned sessions court, shall pass appropriate order on the regular bail application of the petitioner on its own merit without being prejudiced by this rejection order within a week from the date of its filing, particularly, keeping in mind that petitioner is an old lady and she has been made accused under section 302 and other minor section of the Indian Penal Code without any specific accusation.

(Hemant Kumar Srivastava, J) Namita/- U T