Urmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9342 of 2021 Arising Out of PS. Case No.-56 Year-2006 Thana- RAJAPAKAR District- Vaishali ====================================================== Urmila Devi, aged about 76 years, female, Daughter of Late Dasrath Shukla, R/O- Village- Titara, P.S.- Rajapakar (BARANTI O.P.), District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-12-2021 Heard Mr. Yogesh Chandra Verma, the learned Senior Advocate for the petitioner and Mr. Ram Priya Sharan Singh, the learned APP for the State.

The petitioner seeks bail in anticipation of her arrest in connection with Rajapakar P.S. Case No. 56 of 2006 instituted for the offences under Sections 498(A), 304(B) and 34 of the Indian Penal Code.

The prayer for anticipatory bail of the petitioner

Patna High Court CR. MISC. No.9342 of 2021(2) dt.21-12-2021 2/3 was earlier rejected by a Bench of this Court far back in the year 2007.

It has been submitted on behalf of the petitioner that though he has no good reason to defend the petitioner approaching this Court after fourteen years, but he submits that the petitioner now is 76 years of age and is a paraplegic. She has been suffering from such terminal diseases for a long time. It has further been submitted that in the interregnum, some of the accused persons of this case, who were put on trial, have been acquitted as well. Be that as it may, the aforesaid grounds do not weigh with this Court for granting anticipatory bail to the petitioner, whose prayer was earlier rejected fourteen years ago.

The prayer for grant of anticipatory bail to the petitioner is, accordingly, rejected.

However, if she surrenders before the Court below and seeks bail, the Court below, after taking into account the physical condition of the petitioner as also the fact that some of the other accused persons have been acquitted after being

Patna High Court CR. MISC. No.9342 of 2021(2) dt.21-12-2021 3/3 put on trial, shall pass order in accordance with law on its own merits, without being prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court and the petitioner took so long time to surrender before the process of law.

The application stands disposed off accordingly. (Ashutosh Kumar, J) Praveen-II/- U T