Patna High CourtCR. MISC./13936/2017dismissed

Rampati Devi v. The State Of Bihar

2017-03-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13936 of 2017 Arising Out of PS.Case No. -36 Year- 2013 Thana -MARHAURA District- SARAN ====================================================== Rampati Devi, wife of Tarkeshwar Sharma, resident of village Hasanpur Bagahibar, P.S. Marhowrah, District Saran at Chapra. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sharma, Advocate For the Opposite Party/s : Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-03-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Marhowrah P.S.Case No. 36 of 2013 registered for the offences punishable under Sections 304B/34 of the Indian Penal Code. According to learned counsel for the petitioner, petitioner is mother-in-law of the deceased and there is general and omnibus allegation against her and she is in custody since 3.2.2017.

Heard learned APP also.

Having heard both sides and from perusal of the record it appears that petitioner had earlier moved for anticipatory bail before this Court in Cr.Misc.No. 18983 of 2014, which was disposed of vide order dated 25.6.2014 with a direction to the

Patna High Court Cr.Misc. No.13936 of 2017 (2) dt.24-03-2017 2/2 petitioner to surrender and pray for regular bail but the petitioner had not surrendered and again she had filed another anticipatory bail application being Cr.Misc.No. 54056 of 2016, which was again disposed of vide order dated 25.1.2017. Though an explanation has been given that petitioner was ill but I am not satisfied with the explanation.

Considering the above conduct of the petitioner, I am not inclined to grant her bail at this stage. However, petitioner may renew her prayer for bail before the court below after framing of charge, who will consider the same on its own merit.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U