Patna High CourtCR. MISC./27203/2015rejected

Sumitra Devi @ Sumo Devi v. State Of Bihar And ANR

2015-07-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27203 of 2015 Arising Out of PS.Case No. -1079 Year- 2003 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================

1. Sumitra Devi @ Sumo Devi Wife of Shyam Kishor Giri Resident of village - Darve, P.S. Bhadaur, District - Patna at Present residing at F.C.I., Agra Cantt., District - Agra ( U.P. ) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Manorma Devi Wife of Shyam Kishore Giri, Daughter of Baleshwar Bharti Resident of village - Rauna, P.S. Belaganj, District - Gaya .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramashish For the Opposite Party/s : Mr. Amrendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-07-2015 Heard learned counsels for the petitioner and the State. The petitioner being the second wife of the husband of the complainant has renewed the prayer for anticipatory bail in a Complaint Case registered under section 498A of the Indian Penal Code and section 3⁄4 of the Dowry Prohibition Act. Earlier, the prayer for anticipatory bail of the petitioner was rejected -vide order dated 31-1-2006 in Cr.Misc. No. 29682 of 2005. In fact, the complaint case was instituted in 2003, and thereafter the petitioner moved for anticipatory bail, which was rejected-vide order dated 30-3-2007 in Cr.Misc.No. 5277 of 2007. Considering the fact that the Complaint Case was filed

Patna High Court Cr.Misc. No.27203 of 2015 (2) dt.21-07-2015 2/2 in 2003 and twice the anticipatory bail of the petitioner was rejected, this Court is not inclined to grant anticipatory bail to the petitioner.

Considering the nature of accusation, the learned court below will consider the prayer for regular bail of the petitioner if the petitioner surrenders within six weeks from today in connection with Complaint Case No. 1079/2003, Trial No. 182/2014 pending in the court of Subdivisional Judicial Magistrate, Gaya.

This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) B.Roy/- U