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Patna High CourtCR. MISC./43306/2016rejected

Most. Mosina Khatoon v. The State Of Bihar

2016-11-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43306 of 2016 Arising Out of PS.Case No. -137 Year- 2011 Thana -AMARPUR District- BANKA ====================================================== Most. Mosina Khatoon Wife of Late Md. Jakir Resident of VillageSultanpur, P.S.- Amarpur, District-Banka .... .... 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. Akhileshwar Dayal, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-11-2016 Heard Mr. Yogesh Chandra Verma learned senior counsel for the petitioner as well as the learned A.P.P. The petitioner apprehends her arrest in Amarpur P.S. Case No. 137/2011, registered for the offences punishable under Sections 304B and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is mother-in-law of the deceased. The husband of the deceased Md. Akbar Khan has already been granted regular bail. Petitioner is residing separately from her son and daughter-in-law, but it appears that the case was lodged in the year 2011 and for last more than five years the petitioner has been evading her appearance in the court. On this ground alone, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the

Patna High Court Cr.Misc. No.43306 of 2016 (3) dt.23-11-2016 2/2 same is rejected.

If the petitioner surrenders in the court below learned court below shall consider the prayer for regular bail of the petitioner taking into consideration that husband of the deceased has already been granted regular bail.

(Prabhat Kumar Jha, J.) Vinita/- U T