Shail Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47913 of 2016 Arising Out of PS.Case No. -185 Year- 2015 Thana -MANIYARI District- MUZAFFARPUR ======================================================

1. Shail Devi wife of Sri Ram Ashish Rai

2. Seema Devi @ Siya Devi wife of Shri Suibodh Raid

3. Reena Devi wife of Santosh Rai

4. Renu Devi @ Runa Devi wife of Sri Pramod Rai All resident of village Jamharua Maltiochawk, P.S. Maniyari, District Muzaffarpur.

.... .... Petitioner/s

Versus

1. State of Bihar

2. Pinki Kumari, wife of late Manoj Kumar Rai, Daughter of Nokha Lal Rai, R/o village Dadar, P.S. Ahiyarpur, District Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 16-11-2016 Heard both sides.

These four petitioners along with others have earlier moved this Court for anticipatory bail vide Cr. Misc. No. 1789 of 2016 which was considered and rejected under order dated 24.05.2016 (Annexure-1). After rejection, the petitioners seem to have procured an affidavit affirmed by the victim (Annexure-4) and on the strength of the said affidavit, again the prayer for bail has been made.

It is submitted on the basis of that affidavit that no case under Section 364 of the IPC is made out. This Court is not inclined to entertain the present application for bail on the basis of

Patna High Court Cr.Misc. No.47913 of 2016 (2) dt.16-11-2016 2/2 the affidavit procured from the victim after rejection of their prayer for anticipatory bail vide (Annexure-1). The application merits to be dismissed.

Rejected.

The petitioners shall surrender and pray for bail wherein all relevant materials can be placed for consideration of the Court in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U T