Patna High CourtCR. MISC./15587/2016rejected

Sarita Devi v. The State Of Bihar

2016-07-11Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15587 of 2016 Arising Out of PS.Case No. -161 Year- 2015 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ======================================================

1. Sarita Devi, W/o Rajan Rai, Resident of Village- East Tola Randaha, P.S. Rajapakar (Baranti O..P). Dist- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sri Krishna Ranjan For the Opposite Party/s : Mr. Uma Nath Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-07-2016 A certified copy of the First Information Report has been filed today in Court by the learned counsel for the petitioner. Let it be kept on record.

Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Rajapakar (Baranti O.P) P.S. Case No. 161 of 2015, disclosing offences under Section 302/34 of the Indian Penal Code. The petitioner is the first wife of the Informant. It is alleged that she in collusion with others, killed the deceased by strangulation.

Learned counsel for the petitioner has submitted that there is no eye-witness to the said occurrence and, therefore, the petitioner should be given the privilege of anticipatory bail.

Learned Additional Public Prosecutor appearing on behalf of the State, on the other hand, has submitted that there is proof of strong motive behind the killing of the deceased as admittedly, the deceased and the present petitioner were inimical to each other.

Considering the above facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner.

This application is rejected.

Petitioner is directed to surrender before the Court below within four weeks from today and seek regular bail, if so advised. If she does so, her application for regular bail shall be considered on its own merit, without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J) ArunKumar/- U