← Library
Patna High CourtCR. MISC./32567/2016rejected

Chunni Devi @ Sarita Devi v. The State Of Bihar

2016-11-10Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.32567 of 2016 (4) dt.10-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32567 of 2016 Arising Out of PS.Case No. -3 Year- 1998 Thana -NAWAKOTHI District- BEGUSARAI ======================================================

1. Chunni Devi @ Sarita Devi, W/o Kamal Kishore Singh, R/o VillageMaheshwara, P.S. Naokothi, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Gautam For the Opposite Party/s Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 10.11.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 302, 201/34 of the Indian Penal Code.

No doubt, other co- accused have already been acquitted by the learned trial court after facing full-fledged trial in Sessions case no. 183/2005 but so far as the petitioner is concerned, it would appear that charge sheet against her was filed in the year 2000 but in spite of issuance of process, she did not choose to appear before the court below and subsequently, her case was separated in the year 2004 and even then she did not surrender before the trial court. Therefore, considering the previous conduct of the petitioner, I do not think it proper to release her on bail and accordingly, her prayer for bail in connection with Naokothi P.S. case no. 03/1998 stands rejected, at least, at this stage.

Patna High Court Cr.Misc. No.32567 of 2016 (4) dt.10-11-2016 However, petitioner may renew her prayer for bail after four months from the date of receipt/production of a copy of this order, if her trial is not concluded within the above stated period. Shahid (Hemant Kumar Srivastava,J) U T